People v. Peraza CA3

STATEMENT OF FACTS

On August 22, 2010, at approximately 10:00 p.m., Karl Almirol was working at Domino’s Pizza when he received a telephone order from a person identifying himself as “Richard” requesting delivery of pizza and sodas to an apartment complex on Oak Street in Stockton. As Almirol was nearing that location with the order, he called the phone number Richard had given when placing the order to let Richard know he was almost there. Almirol recognized the voice that answered as the Richard who had placed the order. About this time, Almirol saw two persons behind a fence, one of whom was waving at him. One of the individuals asked Almirol to wait while they got money to pay for the pizza. Almirol put the pizza and sodas on the top of his car and waited. Shortly thereafter, one of the two individuals approached Almirol and tried to take the pizza and sodas. As Almirol was struggling with this person, the other person came up behind Almirol, pointed a gun at Almirol’s head, and told Almirol to throw down his money. Almirol complied and the two grabbed the pizza, sodas, and money and then fled.

2 Almirol reported the robbery to the police and returned to Domino’s Pizza.…