People v. Cervantes CA5

FACTS

On April 21, 2012, as Alejandro Soto was driving to Del Rey with passengers Marisol Z. and her grandmother, Maria Hernandez, an SUV began following them. Soto parked his vehicle and the SUV stopped behind him. Soto got out of his vehicle, approached the driver’s window of the SUV and asked Cervantes, the driver of the SUV, what was wrong. Cervantes pointed a gun at Soto and demanded to know what he was doing there and why he was driving with his high beams on. Soto told Cervantes and his passenger that he did not want any problems. Soto got back in his vehicle and drove away. The SUV continued to follow Soto’s vehicle. Eventually, Soto stopped again and the SUV stopped in front of his vehicle. Cervantes walked over to Soto and ripped a rosary from his neck and took his watch. He also grabbed the ignition key and had Soto get out of his vehicle. As Cervantes pointed a gun at Soto, his confederate held a gun to

Unless otherwise indicated, all further statutory references are to the Penal Code.

2. Marisol’s chest and took her cellphone, necklace, and bracelet. Cervantes and his confederate also took a chain from Hernandez. Eventually, the men left and Soto and the…