People v. Oropeza CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offenses On March 1, 2008, around 1:45 p.m., Victoria Anderson reported the theft of her 2002 Ford Explorer. Anderson had driven the vehicle to the bank to use the ATM. While at the ATM, she left her keys inside the vehicle with the doors unlocked. When she returned to the vehicle, she discovered it had been stolen. On March 2, 2008, around 12:30 a.m., defendant entered the Spartan Market convenience store and bought a pack of gum. When the clerk rang up the sale, defendant attempted to grab the cash drawer out of the register. The clerk and another employee physically resisted, and defendant fled in the stolen 2002 Ford Explorer. Around 2:00 a.m. that same day, defendant approached a car parked in front of a 7-Eleven store while the driver and two passengers were seated in the car. Defendant got into the back seat of the car and demanded to be taken to his mother’s house. Defendant held a screwdriver against the back of the driver’s neck. The driver drove to a nightclub in downtown San José because he believed police would be there. When they arrived at the nightclub, the driver stopped the car and the passengers fled to find…