People v. Ramirez CA2/1

BACKGROUND

On February 26, 2014, defendant and codefendants Aaron Garcia Reynoso and Jose Alberto Lopez Hernandez robbed Demetrio Catalan Sanchez. Defendant was charged in an information filed March 19, 2014, with one count of second degree robbery (§ 211), with the further allegations that the offense was a violent felony within the meaning of section 667.5, subdivision (c) and section 1192.7, subdivision (c), and that defendant personally used a dangerous and deadly weapon, a BB gun, in the commission of the offense within the meaning of section 12022, subdivision (b)(1).2 On February 26, 2014, between 5:30 p.m. and 6:00 p.m., Demetrio Catalan Sanchez was walking by himself on Fifth Street and Avenue R in Palmdale. Defendant got out of a large truck, approached Sanchez, took out a gun, and asked for Sanchez’s money. When Sanchez responded that he did not have any money, defendant demanded his wallet. Defendant pointed the gun downward at a 45-degree angle. The gun in defendant’s hand scared Sanchez. Sanchez believed it was a real gun. Another man opened the passenger door of the truck (codefendant Lopez Hernandez) and yelled, “Give up the money.” Sanchez gave his wallet to…