People v. Hernandez CA2/1

BACKGROUND

In December 2008, Lopez and Hernandez robbed a branch of Downey Savings Bank. In January 2011, Lopez robbed a U.S. Bank branch. Prosecution Evidence In the evening on December 1, 2008, Hernandez and Lopez surreptitiously entered Judy Stoffer’s garage after Stoffer returned home from her job at Downey Savings Bank.

1 The prosecution tried Hernandez and Lopez together, but each defendant had a separate jury. 2 Batson v. Kentucky (1986) 476 U.S. 79 (Batson); People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler).

2 Lopez, who was wearing a ski mask, confronted Stoffer about an hour later when she returned to the garage to retrieve something from her car. He grabbed her around the neck from behind and placed a gun to her head. Lopez asked if she was the manager of the bank and Stoffer responded affirmatively. Lopez pushed her to the ground and continued to point the gun at her. Stoffer could hear another person moving in the garage. Lopez instructed the person to enter the house, and Stoffer heard someone go inside. Lopez told Stoffer they were going to rob the bank. Stoffer explained the vault was locked for at least 12 hours. Lopez understood and said they would go to the…