People v. Ferguson CA1/5

BACKGROUND

Robbery of Rosalez and Rios About 9:30 p.m. on February 13, 2011, Eleana Rosalez and George Rios were on the porch outside their apartment. A man approached, pulled out a gun, and demanded money. He took property from Rosalez and Rios; after asking Rosalez if she had anything in her bra, he put his hand inside her bra to check. The man then told Rosalez

1 All undesignated section references are to the Penal Code.

1 and Rios to open the front door and go inside. After they all entered, the man shut the door behind him. Rosalez’s two-year-old son, Alexander, was inside the apartment with a pit bull puppy. When Alexander saw them, Rosalez asked the man to put his gun away and he slid the gun up his sleeve. The man told them to go upstairs and he followed them into the master bedroom. The man took some property and the puppy, told them to stay upstairs, took more property downstairs, and then left. Rosalez told officers the perpetrator was an African-American male, 22 or 23 years old, about six feet tall, 170 to 180 pounds, and wearing a gray and green plaid, button up hoodie. Four days later, Rosalez identified appellant out of a series of six photographs. Rios did not…