People v. Mendoza CA3

BACKGROUND

The relevant facts are taken from our unpublished opinion in Mendoza. One evening in September 2010, codefendant Edgar Jose Conseco asked his friend, Kevin P., and Kevin P.’s girlfriend for a ride. Kevin P. was wearing jewelry and accessories, including a gold crown front dental cap, valued at approximately $3,000. His car console also contained an imitation Rolex and a bracelet valued at approximately $3,495. Kevin P. and his girlfriend picked up Conseco, who began texting in the backseat and eventually asked to be returned to the cul-de-sac where he was picked up to get “something” from a friend. When they arrived, defendant was standing there, and he got in the backseat of the car. Less than one minute later, a man wearing a mask appeared at the driver’s side window holding a long gun and demanded Kevin P.’s property. Kevin P. began tussling with the masked man for control of the weapon, while both defendants tried to restrain Kevin P. from the backseat. As the girlfriend ran away from the car, she heard a single gunshot. The defendants and masked man ran away. Kevin P. died from a gunshot wound. Conseco’s phone later revealed text messages between himself and…