People v. Carter CA1/5

I. FACTS AND PROCEDURAL HISTORY

A. Trial Evidence The district attorney filed an information charging appellant with first degree residential robbery (Pen. Code, §§ 211, 212.5, subd. (a))1 and first degree residential

1 Further statutory references are to the Penal Code unless otherwise indicated.

1 burglary (§§ 459, 460, subd. (a)). In his trial before a jury, the following evidence was adduced: At about 11:30 p.m. on July 23, 2012, Sandeep Kaur was walking home from work while talking on her iPhone using her headphones. She was not paying attention to what was happening around her as she walked. She arrived at her apartment building on Turk Street, in the Tenderloin area of San Francisco, and unlocked the building’s front outer gate with her key while standing in the lighted doorway. Kaur noticed a man standing about a foot behind her, and asked him whether he had a key to the inner door after turning to look at him. She did not recall whether he answered her, but she assumed he lived in the building and she was not nervous or scared. The man walked through the unlocked inner door ahead of Kaur as she paused to make another call. Once inside the lobby, the man walked to the…