People v. Hernandez CA4/3

FACTS

A. The Burglary and Robbery Around noon on August 31, 2017, Ryan E. (Ryan) was in his garage, where he had two couches and a chair. He was standing with his back to the garage door, which was open about two feet from the floor, when a man, later identified as Hernandez, suddenly pushed the door up another foot and ducked underneath it. Hernandez shoved Ryan forward. Ryan landed with his back against the chair in the rear of his garage. Hernandez was wearing a blue painter’s mask covering his face from the bridge of his nose to under his bottom lip. Pointing a black handgun with a silver tip at Ryan, Hernandez first demanded “the weed” and then “the money.” Ryan pointed to $40 on the couch and told

2 Hernandez to take it. Hernandez grabbed the cash and a jar of marijuana that was on the counter. Hernandez looked around the garage, opened a cabinet under the counter, and pulled out a small safe Ryan had inside, which contained his high school class ring and other personal mementos. Before leaving, Hernandez put the gun to Ryan’s head and threatened to kill him. Holding the gun in one hand and the jar of marijuana in the other, Hernandez kicked the safe out the partially open…