People v. Estrada CA2/1

BACKGROUND

An information charged Estrada with second degree robbery (count 1), receiving stolen property (count 2), and possession of methamphetamine (count 3). Before trial on the robbery count and the firearm use enhancement alleged in the information, Estrada pleaded no contest to counts 2 and 3. The trial court continued sentencing on counts 2 and 3 until after the trial. Evidence and Trial The robbery victim, Octavia Clemons, testified she was waiting at a bus stop in Pasadena about 6:30 a.m. on May 18, 2014, when a man (later identified as Estrada) stole her cell phone. Clemons identified Estrada in court at trial as the man who robbed her. She was not acquainted with Estrada prior to the robbery. Clemons was using her cell phone when Estrada approached the bus stop on a bicycle. He stood face-to-face with her, straddling his bicycle, and asked to borrow her

1 Statutory references are to the Penal Code unless otherwise indicated.

2 cell phone. She agreed, and he started providing a phone number for her to dial. After changing the digits of the phone number, he demanded, “Bitch, give me your phone or I am gonna blast you right here.” He lifted his shirt, revealing what…