People v. Nowden CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On November 19, 2009, Robert Durant, Sr. and his son, Robert Durant, Jr., were living in Durant Sr.’s house on Dublin Avenue. That evening, Durant Jr.’s estranged wife, Sarah Williams-Durant, and their two children were at the house to celebrate Durant Jr.’s birthday. Around 8:30 p.m., the doorbell rang and Durant Sr., after seeing a young boy through the window, opened the door. The boy said his mother had told him his bicycle was at this house. Durant Sr. went back to confer with Durant Jr., who said there weren’t any bikes at the house. When Durant Sr. returned to the front door, two men stuck a gun in his face and pushed him inside. Defendant Nowden, another man and the boy entered the house. Durant Jr. testified Nowden, whom he had never seen before, was wearing brown shorts, brown high-top PF Flyer basketball tennis shoes, and a white tank top. Williams- Durant testified Nowden was wearing brown-orange shorts, a white tank top, a baseball cap, and high-top shoes. Neither man was wearing a mask…