People v. Ochoa CA2/5

I. BACKGROUND

A. The Offense Conduct 2 In the evening on December 13, 2012, defendant and Jamie Galvan (Jamie) walked into the Cancun Ole restaurant in East Los Angeles where a bartender was preparing for a fundraising event to take place later that night. Defendant was wearing a sweatshirt, a scarf, and a baseball cap with an “S” on it. The restaurant was closed that day, and the bartender was alone. He offered the men a beer, thinking they were there for the fundraising event, at which point defendant or Jamie said “we’re here for something else, motherfucker.” Jamie then hit the bartender and defendant pulled out a handgun. Defendant pointed his gun at the bartender and Jaime instructed the bartender to open the restaurant’s cash register. Defendant also told the bartender to “clear [him]self,” whereupon the bartender removed his Rolex watch and gold chain while defendant and Jamie removed cash from the register. Defendant and Jamie left the restaurant with approximately $400 to $500, as

1 Statutory references that follow are to the Penal Code. 2 As we will explain, the evidence at trial established Jamie Galvan’s father, Jose Galvan, was also involved in the charged…