People v. Fernandez CA4/3

FACTS

Around 9:00 p.m. on April 23, 2011, Brandi Sedillo arrived home and 2 parked her car in front of her house. Her three-year-old son was in the car’s backseat. At the time, Sedillo was 22 years old, 5 feet tall, and weighed 120 pounds. A white car drove by on the other side of the street and made a U-turn. As Sedillo leaned into the backseat to take her son from his car seat, the white car pulled up very close to her rear bumper. Sedillo heard someone run up to her. Sedillo turned to see a man pointing a gun at the right side of her head. In clear English without a foreign accent, he said, “Give me your bag.” Fearing for her life and that of her son, Sedillo said, “No . . . please, I have my son.” When Sedillo did not hand over her purse, the man “grabbed” it off her shoulder. Before he got back into his

1 All statutory references are to the Penal Code unless otherwise stated. 2 All dates refer to 2011, unless otherwise stated.

2 car and sped away, she took another look at his face. The stolen purse contained her driver’s license, an iPod, a camera, and two of her paychecks from her employer, Togo’s Sandwiches. By that time, her neighbors were outside. She ran to them, and…