Garcia

FACTS AND PROCEDURE

At about 9:00 p.m. on January 27, 2011, Maria Mendiola went to one of the hair

salons she owned, and at which she cut hair, to pick up the mail after closing. She saw a

male and female, whom she described as “kids” standing outside the salon hugging. Ms.

Mendiola picked up her mail from the mailbox and noticed the two approaching her as

All section references are to the Penal Code unless otherwise indicated.

2 she returned to her parked truck, got in and started the engine. As the two got closer, the

male told Ms. Mendiola that he knew her, or that she knew him.2 As she got into her

truck, the male lifted up his shirt, pulled a gun out of his waistband and pointed it at her.

The male told her to give him her purse. When Ms. Mendiola tried to close the truck

door, the male told the female to hold it open.

The male repeatedly yelled at Ms. Mendiola to give him her money, her cell phone

and the keys to her truck. Defendant said “Get off the truck. Give me the keys. Give me

your purse. Give me the keys. Get off, get off.” Ms. Mendiola testified at trial that “I just

thought he was going to kill me.” When she told the male she did not have any…