People v. Gallardo CA4/1

FACTS

The Robbery

Around 5:25 p.m. on January 31, 2013, Michael Verdin rode his bicycle to a City

of San Diego recreation center and joined a group of 10 to 20 people.1 About an hour

later, Gallardo, a member of the East San Diego (ESD) criminal street gang, and a

younger man walked towards Verdin's bicycle. The younger man got onto Verdin's

bicycle. Verdin confronted the younger man and said, "Hey, get off my bike." The

younger man responded, "I'm going to drop your ass" and "You're going to have to fight

me for it." Verdin told the younger man, "I don't want any problems." The younger man

said, "Fuck you. You will have to fight me for it." Verdin grabbed the handlebar, at

On appeal, we set forth the facts in the manner most favorable to the judgment. (People v. Martinez (2014) 226 Cal.App.4th 1169, 1173.) Because Gallardo appeals only his robbery conviction, we limit our discussion of the facts to the robbery and subsequent identifications. 2 which point the younger man moved his hand as if he were going to strike Verdin.

Brian Gonzalez, a security guard standing about 15 to 20 feet away from the

incident, approached and told the…