People v. Teague CA2/5

FACTS

Defendant frequents the liquor store owned by Naveen Choda in Long Beach. Choda has known defendant since 2006. Defendant comes into the store “like ten times a day,” typically to buy beer. Defendant entered the store on July 28, 2013, just before 10:00 p.m., as Choda was working behind the counter protected by bulletproof glass. Defendant, who had no money, asked another customer for money to buy beer. Choda asked defendant to leave the store after defendant gave the customer an angry look. Defendant responded by grabbing items from the store. Choda’s worker, Boris, took the items from defendant and escorted him out of the store. Defendant said, “You fucked up. I’m going to shoot you.”

All statutory references are to the Penal Code, unless otherwise indicated.

2 Defendant stood at the door, pointed his finger as if to simulate a gun, and told Choda, “When you come out, I’m going to kill you.” Choda told Boris to come back into the store. As defendant stood at the door “cussing bad words,” acting drunk, angry and mad, a customer urged Choda to call the police because defendant was not going to leave. Defendant told Choda he was going to wait right outside. He…