People v. Hendrix CA6

Facts On January 21, 2012, Margaret Doe was living in a San Jose apartment. Margaret drove home alone that night and, at about 11:30 p.m., she parked on the street, which ended in a cul-de-sac. She was wearing a loose pullover sweatshirt. It was “really dark.” She collected her things, got out of the car and closed the door, and discovered defendant standing two to three feet away from her, which shocked her. He had a pit bull puppy on

1 All further statutory references are to the Penal Code unless otherwise indicated. a leash with him. Margaret had seen defendant walking his dog around the neighborhood before but had never had a conversation with him. Defendant twice asked Margaret whether she wanted to go on a walk with him. She said no both times; she was feeling nervous and anxious. Margaret began to walk toward her apartment, which was about 20 feet away. For about “a good ten feet,” defendant walked alongside her at the same pace. At this point, she was terrified. Margaret walked past her apartment and continued walking straight instead of turning toward her apartment because defendant was in between her and her apartment. At some point, defendant moved in front of Margaret…