People v. Shanks CA4/2

FACTS AND PROCEDURAL BACKGROUND

A. The Charges

The Riverside County District Attorney charged Shanks, Villareal, and Garcia of

kidnapping to commit robbery (§ 209)1 and simple kidnapping (§ 207) (counts 1, 2). The

district attorney also charged Shanks and Villareal with robbery (§ 211; count 3) and

Villareal and Garcia with aggravated assault (§ 245, subd. (a)(4); count 4). Shanks was

tried jointly with her codefendants.

B. The Prosecution’s Case

On direct examination, the victim testified the incident occurred on a weekend in

March 2013 when she was spending time with Shanks and Shanks’s boyfriend, Johnny

Villareal.2 The victim was addicted to methamphetamine at the time and admitted she

Undesignated statutory references are to the Penal Code.

2 Shanks and Villareal have a child together. At the time of the incident, the victim had known the couple for less than a year.

2 had used the substance at various times that weekend. By the time of trial, she had been

clean for nine months.

On March 16, 2013, the victim was staying at a hotel in Ontario when she received

a call from Villareal asking her to “come pick him up.” The victim drove her rental…