People v. Robinson CA4/3

FACTS

Robbery of Monica Quintero On the morning of May 13, 2012, Monica Quintero noticed two men together when she came out of a grocery store. Quintero was with her daughter and her cousin, Maria Munoz. As Quintero pushed a grocery cart toward her van, a man grabbed her from behind, put his hand on her neck, and took a pendant bearing her name from the gold chain she was wearing. He then came in front of her and grabbed the chain. Because Quintero held onto the chain, the man was only able to take part of it. The man left running, along with the other man.

1 All statutory references are to the Penal Code unless otherwise stated. 2 The information charged defendant with four counts of robbery, but the jury acquitted him of the robbery charge in count 1 and the court reduced the robbery charge in count 3 to the lesser included offense of grand theft of a person.

2 When shown photographs later, Quintero was unable to identify anyone as the man who took her chain. She described him to the police as a young black man about five feet eight inches tall. Quintero’s cousin Munoz identified defendant as the robber from a photographic lineup. Munoz was unable to identify him with 100…