People v. Vest CA2/3

FACTS

1. Prosecution case. On January 24, 2013, Maribel Piedra was at work as a cashier in the convenience store of a gas station on Adams and La Brea. She sat at the window in a glass-enclosed cashier’s booth. Defendant hung around outside, asking people for money. He took pictures of Piedra with his cell phone, and, when she told him to stop, he left. Returning minutes later, defendant entered the store and persuaded Piedra to open the door of the booth by stating he had something important to tell her. When Piedra opened the door, defendant reached in and punched her in the face with a closed fist. Frightened, she quickly shut the door, which locked. Defendant stepped out of the store for a few moments, returned, and tried to pry the door open. Piedra panicked, because she believed 1 All further references are to the California Penal Code unless otherwise specified.

2 he might kill her or hit her again if he gained access to the booth. She called 911. Defendant pulled out his penis, and masturbated in front of her while talking to her, which made her feel very frightened. He then went to the cooler and grabbed four alcoholic beverages. Stating “I’m going to take these” or…