People v. Sarabia CA2/6

FACTS

On the evening of January 6, 2013, Hector De La Cruz was in his car which was parked on the street. He was talking on his cell phone. Sarabia approached the car and asked De La Cruz if he could use the phone. De La Cruz agreed. Sarabia used the phone, returned it to De La Cruz, walked away and "crossed the street." De La Cruz made another phone call from his vehicle. Sarabia came back and approached De La Cruz's car again. He told De La Cruz to "get out of the car and put the keys on top of the hood." Sarabia was holding a knife. De La Cruz was frightened. He drove away and started looking for police officers. Twenty minutes after the attempted robbery, De La Cruz "flagged down" a patrol car. De La Cruz got into the police car. They "drove downtown looking for the described suspect." De La Cruz saw Sarabia at a pay phone. The police approached and apprehended Sarabia while he was making a call at that pay phone. Officer John Almeria testified they patted Sarabia down and discovered that he was wearing the knife "in his waistband." Almeria described the method Sarabia used to conceal the weapon. He said it was located on Sarabia's right "upper thigh, . . . tucked…