People v. Skinner CA2/1

Background On March 31, 2013, defendant, wearing a backpack reversed so as to face forward on his chest, asked Miguel Hernandez for the time, then pulled a gun from the backpack, told Hernandez not to move, and took a ring and necklace from him. On April 10, 2013, defendant, again wearing a backpack in front, asked Alejandro Serrano for the time, then pulled a gun from the backpack, pointed it at Alejandro and his brother, Marcos Serrano, and demanded their phones, which he took. Five months later, when police informed defendant he was being charged with several armed robberies, he responded, “How can that be. There is no video. My prints were not recovered from the gun.” (The police had not mentioned a gun.) Defendant also said, unprompted, to a transporting officer who knew nothing about the case and had said nothing about it, “So wait, I am getting arrested for something I did a long time ago?” All three victims identified defendant as the robber from six-pack photograph lineups and again at the preliminary hearing, and Hernandez and Alejandro Serrano identified him a third time at trial. Marcos Serrano, however, recanted his identification at trial, testifying defendant was…