People v. Herrera CA2/5

I. BACKGROUND

The count 1 robbery charge arose out of the December 20, 2012, robbery of Alexander Perez while he was travelling on the MTA Blue Line at about 1:00 a.m. The jury was unable to reach a verdict on this charge, and it was ultimately dismissed. The count 2 charge, captured on video by security cameras, concerned the January 13, 2013, robbery of Jorge Baltazar. Baltazar testified that the encounter occurred about 4:00 a.m., when defendant approached him on a bicycle and started talking with him. As shown by the video, defendant hit Baltazar, knocked him to the ground, and kicked him. Defendant took Baltazar’s wallet, $280, and his cell phone. The count 3 charge concerned the January 27, 2013, robbery of Jose Reyes Diaz. Diaz testified that defendant rode up to him on a bicycle and offered him a ride at about 4:00 a.m. Diaz took the ride, and at some point defendant stopped the bicycle and demanded money from Diaz. Diaz gave defendant his money, but defendant demanded more. Defendant reached toward his ankle, and Diaz later told sheriff’s deputies that defendant pulled a 5-inch knife from his sock. (At trial, Diaz testified he did not remember actually seeing a knife.)…