People v. Corpening CA4/1

STATEMENT OF FACTS

This appeal arises from guilty pleas. As such, the only statement of the facts

before the trial court is contained in the report of the probation officer. Since the parties

have emphasized differing parts of the facts in their briefs, we think the most accurate

basis for our review is the probation officer's summary. We therefore set forth that

summary verbatim:

"As to Counts 1-

"On July 22, 2012 at approximately 5:50 a.m., Walter Schmidt Sr., the victim, and

his son Walter Schmidt Jr. were at their residence loading their van, which was parked in

the front driveway, with coins and other items they were going to sell at a local swap

meet. Schmidt Sr. is a currency dealer who specializes in the buying and selling of rare

coins. After loading the van, Schmidt Sr. got into the driver's seat, turned on the ignition

and waited for Schmidt Jr., who went to lock up their residence.

"As Schmidt Sr. was waiting in the driver's seat, he was suddenly approached by

an adult Hispanic male who was pointing a gun in his face and yelling words similar to

'Get out of the car or I'll shoot you.' Mr. Schmidt Sr. heard this phrase…