People v. Aguilar CA4/2

FACTS AND PROCEDURE

On October 30, 2011, defendant was a passenger in a car driven by Danielle Boyd.

Boyd had borrowed the car the previous day from her long-time friend, the victim Joseph

Bane, but had not returned it as promised. Boyd had also failed to answer Bane’s

telephone calls and texts.

Boyd and defendant drove up to Bane while he was at a friend’s house. Bane

demanded the keys and Boyd returned them. At some point during this conversation,

Boyd asked if Bane would give her and defendant a ride to Oro Grande. Bane agreed

reluctantly. He did not want to give them a ride, but he did not want to leave them

stranded. Bane drove the car while defendant remained in the front passenger seat and

Boyd sat in the back.

Bane stopped the car at a market at Boyd’s request. Defendant and Boyd went

into the market. When they came out, they asked if Bane could give a ride to a man later

2 identified as Raymond Smalley. Again, Bane agreed. Smalley got into the back seat

with Boyd.

When they arrived at Smalley’s home, Bane turned off the ignition and Smalley

got out of the car and went inside his home. Smalley testified that at this time he noticed

a gun in defendant’s…