People v. Smith CA1/3

BACKGROUND

Moses Jacko On the night of October 22, 2013, Moses Jacko drove to 2235 East 23rd Street in Oakland to deliver a pizza. A prior customer had paid him with a $50 bill, which was unusual, and he was carrying about $250 in cash from previous deliveries.

1 Jacko could not find the address he had been given, so he called the phone number on the order— (510) 467-6933. A woman, “Lola,” answered, told him the address he had was incorrect and said “No, you have to come further.” She said, “ ‘We are a block away from where you are at. I see your car. Should I keep coming?’ ” Jacko drove further. As he turned a corner he saw an African American woman in her mid-20’s wearing black and white leggings and a pink knit beanie hat. He stopped and got out of his car and handed the woman her pizza. Then, as he reached to get her soda, a man approached and pulled a gun that Jacko later tentatively identified as a semiautomatic. The robber was a “black male, somewhere around mid-20’s. I’m five- eight, so he had to be at least five-ten. He was taller than me; slender build; he had a red hat on” and his hair was “to about the jaw area.” The area was not well lit, but it was not extremely…