People v. Green CA2/2

FACTS

During trial, the prosecutor offered evidence that Green, Marvin Hernandez (Hernandez) and Maynor Juarez (Juarez)2 forced their way into room 7C at the Royal

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Hernandez and Juarez were codefendants at trial. They are not parties to this appeal.

2 Viking Motel, which was occupied by, inter alia, Peralta, Salazar, Saguilan and Tombo.3 Tombo left the room and went to ask the hotel manager for help. Hernandez and Green had guns. While Juarez stood by the door, Hernandez and Green proceeded to take cell phones, a computer and cash from the room. Police officers responded to the scene, and two of them were directed to search room 18 of the motel for suspects. Prior to going into room 18, they ordered people out of room 19 as a precaution. Green came out. He was allowed to leave because the officers had no reason to suspect that he was a perpetrator. The officers located Juarez in room 18, and he was thereafter identified by Salazar and Tombo as one of the robbers. When Salazar saw Green walking toward the motel’s exit, she alerted nearby officers, who detained him. Eventually, Hernandez was…