People v. Villeda CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. Villeda’s crimes, convictions, and sentence Villeda robbed four victims over a span of about five months in late 2009 and early 2010.1 In summary, these victims were: • Ignacia Melendez. Melendez was going to pick up her son from school. She went to her car parked in front of her home. Villeda pulled up in a red Ford Explorer and called to her. Melendez approached the SUV. Villeda demanded Melendez give him two gold necklaces she was wearing. Melendez saw Villeda had a gun in his lap, pointed at her. She refused and walked toward her home. Villeda got out and followed her, holding the gun.

We take the facts from our opinion in Villeda’s direct appeal (People v. Villeda (Sept. 27, 2012, B230494) [nonpub. opn.] (Villeda I)), of which we take judicial notice. (Evid. Code, §§ 452, subd. (d), 459.) Villeda also relies on, and quotes from, our opinion in his statement of facts on appeal. The Attorney General asks us to take judicial notice of our “file from appellant’s prior appeal” as well.

2 He threatened to shoot her if she didn’t stop. Villeda pulled the chains from Melendez’s neck and drove away. • Ever Pineda. Pineda was washing a…