People v. Charles CA6

BACKGROUND

1. The Information On May 16, 2013, the Santa Clara County District Attorney’s Office filed an information charging defendant with second degree robbery (§§ 211, 212.5, subd. (c)), criminal threats (§ 422), petty theft (§§ 484, 488), and tampering with a vehicle 1 Unspecified statutory references are to the Penal Code. (Veh. Code, § 10852). It was further alleged as to the first two counts that defendant had used a deadly and dangerous weapon during the commission of the offense (§ 12022, subd. (b)(1)) and that he had served a prior prison term (§ 667.5, subd. (b)). On March 11, 2014, the district attorney’s office filed a first amended information that withdrew the petty theft count. Defendant’s jury trial commenced the following day. 2. Trial a. Prosecution’s Case Early in the morning of March 20, 2013, Erin Trevino went to her car, which was parked in the driveway of her home, so she could drive herself to the gym. It was still dark outside, and she did not see anybody when she went toward her car. She did, however, hear a grunting noise and someone say “come on.” From her front door, she could see that her car’s driver side door was open. Erin went back inside the…