People v. Perez CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Robbery and assault In December 2013, a woman and a man wearing a mask approached Angela Rodriguez (Rodriguez) and Santiago Grajeda (Grajeda) while they were in the backyard of Rodriguez’s friend’s house. The masked man stated, “This is Bassett Grande,” which is the name of a local gang; the man also asked whether Rodriguez or Grajeda had any gang affiliation. Rodriguez gave her true name, and said she did not “bang.” Grajeda did not give his real name, and did not admit that he was a member of Bassett Grande’s rival gang, the Desmadres. Both the woman and the masked man left, and Grajeda fled into the house. The woman returned a few minutes later to say that “Pelon” was on his way. Defendant is a Bassett Grande gang member who uses the moniker “Pelon.” A few minutes later, the masked man returned to the backyard with defendant. Defendant was carrying a semiautomatic gun in his hand. He asked Rodriguez where Grajeda was. She said she did not know. Defendant then demanded her cell phone, and she refused. The masked man kicked her until she fell to the ground, and defendant grabbed her cell phone and proceeded to pistol whip her…