People v. Moppins CA3

BACKGROUND

Z.H., P.B., D.T. and C.G. went to a park to take pictures of graffiti on a wall behind the park. Two men followed the group. One wore a red hoodie; the other wore a blue hoodie. Both men were armed. One of the men ordered the group to get on the ground. The man in the red hoodie held a gun to P.B.’s back, searched him and hit him multiple times. That robber also searched Z.H., patting her down twice. He called her “baby” and groped her. C.G. felt the muzzle of a gun at the back of his head when he was on the ground. The other robber hit D.T. in the face with a gun and someone kicked him after he got on the ground. D.T. suffered a fractured orbital socket, a broken nose and a laceration under his eye and needed stitches under his eye and behind his ear. The robbers took P.B., C.G. and D.T’s wallets and other property. Z.H. and D.T. identified Ceariaco Cabrellis as one of the robbers at a field show up and at trial. D.T. said Cabrellis was the person who hit him with the gun and took his

1 Undesignated statutory references are to the Penal Code.

2 cell phone and wallet. Z.H. identified defendant at a photographic lineup and at trial as the second robber. P.B.…