People v. Boyd CA5

STATEMENT OF FACTS

I. Prosecution case-in-chief.

a. Leanne Laughlin. On the evening of June 18, 2012, Laughlin purchased a matchbook at Quick Shop Market (Quick Shop), located on the corner of Phillips Street and Scott Street in Hanford, California. As she was leaving the store, one of three African-American men who were standing outside called out, “Hey, little mama.” Laughlin greeted him, but continued to

Subsequent statutory citations refer to the Penal Code. Specifically, the court imposed (1) a principal term of three years, plus a 10-year gang enhancement (§ 186.22, subd. (b)(1)(C)), on count 1; (2) a subordinate term of eight months (see id., subd. (d); § 1170.1, subd. (a)) on count 2; and (3) a subordinate term of eight months, plus a one-year gang enhancement (see §§ 186.22, subd. (b)(1)(A), 1170.1, subd. (a)), on count 3. Execution of punishment on count 4 was stayed (see § 654).

2. walk away. The trio followed her on Phillips Street. One commented, “I want to take you down.” Laughlin responded, “I don’t really know what you mean by that, but if you mean what I think you mean, you’re just a couple years older than my daughter.” The men asked her…