People v. Rasberry CA2/5

Facts On September 8, 2011, Davon Williams drove his friend Kevin Chima home. Williams had about $5000 in a case with him, as he intended to buy a new car. Unbeknownst to Williams, Chima exchanged text messages with Rasberry before and during the drive. In these messages, Chima informed Rasberry that Williams had about $4500 in cash with him and kept Rasberry advised of the car’s whereabouts. Rasberry mentioned that he had “Poppa T” with him. Appellant McMillian’s nickname is “Poppa

1 All further statutory references are to the Penal Code unless otherwise specified. 2 Toast.” Near the end of the exchange, Chima advised Rasberry, “We about to pull up rite now” and “On rollin down da st rite now.” When Williams pulled into Chima’s driveway, two men approached the car. Williams later identified the men as appellants Rasberry and McMillian. Rasberry pointed a gun at Williams and told him to hand over everything. Williams handed over about $200 in cash from his pocket and his earrings. Rasberry hit Williams in the head with his gun. He asked Williams where the money was. McMillian rummaged through Williams’s car. Rasberry said, “Fuck it, Cuz, let’s take the car, just take the car.”…