In re Valentin R. CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. The People’s evidence. On the night of June 30, 2013, at approximately 9:50 p.m., Jorge Mazariegos was walking down the street while talking on his cell phone. Valentin R. approached Mazariegos and said, “Hang up your cell phone” and “Give it to me.” Valentin’s words were slurred and he smelled of alcohol. When Valentin reached for the cell phone, Mazariegos held it out of reach and tried to hide it. Mazariegos was scared. Valentin asked if Mazariegos belonged to a gang and Mazariegos said no. Valentin said he wanted Mazariegos’s money, his cell phone, and any drugs he might have. Valentin alternated between demanding these items and announcing the name of his gang, Mara Salvatrucha. Mazariegos testified that Valentin referred to Mara Salvatrucha “[a] lot, maybe ten” times. Valentin asked Mazariegos if he had any marijuana and he repeatedly demanded Mazariegos’s cell phone and money. He kept reaching for Mazariegos’s phone and got mad when Mazariegos refused to give up his property. Valentin then punched Mazariegos.…