People v. Stephenson CA2/5

Facts At about 3:00 a.m. on April 25, 2014, Mayra Leyva and Monica Guzman returned to Leyva’s apartment building in Long Beach after a night out. Leyva parked in the alley behind the building and noticed appellant coming down the stairs. A few minutes later, Guzman saw that appellant was lying down underneath the car next to them. He appeared to be looking at the women. Appellant then appeared by the front corner of Leyva’s car. Guzman screamed. Appellant made a “shushing” motion and pointed towards a nearby bicycle. He then walked to the bicycle, grabbed it and appeared to leave. Leyva and Guzman were afraid, waiting three to five minutes for appellant to leave before getting out of their car. Leyva had her purse on her shoulder and her shoes in her hand. Guzman had Leyva’s iPhone in her hand. They walked up a set of exterior

1 All further statutory references are to the Penal Code unless otherwise specified. 2 stairs to Leyva’s apartment. When they reached the landing outside the apartment, Leyva heard somebody. She turned around and saw appellant. Appellant was wearing a bandanna on the lower part of his face, but Leyva recognized his hair and clothing. Guzman also recognized…