People v. Hockaday CA3

I. BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)

1 Defendant and another man went to a Rite Aid pharmacy, jumped over the counter, and demanded the employees give them prescription medications. Defendant demanded promethazine and the other man demanded hydrocodone and oxycontin. After getting the drugs, defendant demanded more promethazine, and when the employee told defendant there was no more, defendant pushed the employee, causing the employee to fall and hit a trash can. The two men then jumped back over the counter and ran out the emergency door exit. The employees gave a detailed description of defendant, including a distinctive facial tattoo and hairstyle. One of the employees also noted he had placed the promethazine in defendant’s bag. Witnesses saw the men leave the pharmacy and provided law enforcement with information as to the license plate of the car they left the scene in. Ultimately, the Sacramento County Sheriff’s Office Gang Unit identified defendant as one of the men, based on his tattoos and hairstyle. The investigating officer also identified…