People v. Delgado CA2/8

FACTS

The victim, J.A. testified that at 11:00 p.m. on July 8, 2012, J.A. was riding his bicycle on Menlo Avenue, going toward Vernon Avenue, when two men “popped out” of an alley, startling J.A. One of the men had an “X3” tattoo on the left side of his neck. The other man was larger and bald, and was wearing sunglasses. The man with the tattoo asked J.A. if he “bang[ed],” meaning whether he was a gang member. J.A. responded that he did not belong to a gang. The man with the tattoo claimed the Street Villains gang and told J.A. to get off his bike. J.A. responded, “Nah,” and the larger man with sunglasses grabbed J.A.’s bag. J.A. panicked and yielded the bag. The bag contained an iPad, chargers, and other electronics. J.A. pleaded for the men to return his things and let him leave, and the man with the tattoo told him to “shut the f--- up” and “[d]on’t make me shoot you.” The man was gesturing near his waist as if he had a gun, and J.A. believed the man was armed. The man with the tattoo directed J.A. to walk down an alley. The tattooed man was behind J.A. and the man with the sunglasses was in front of J.A. J.A. walked about 35 feet down the alley, until both men grabbed him and…