People v. Ortiz CA6

I. FACTUAL AND PROCEDURAL BACKGROUND1

Jaerome Calamba arranged to meet with Carter for the ostensible purpose of buying a gun Ortiz had recently purchased. Calamba and Carter agreed to a price, and as confirmation of his ability to pay, Calamba texted Carter a photo of $4,000 cash.

1 Because Ortiz pleaded guilty prior to trial, we derive the facts from the preliminary hearing transcript. Unbeknownst to Carter and Ortiz, however, Calamba planned to rob Carter of the gun, with Alexis Cardenas as his get-away driver. By agreement, the night of July 5, 2017, Cardenas drove Calamba to a street corner where Calamba had previously purchased drugs from Carter. Carter was standing near his car, where Ortiz was waiting in the driver’s seat. When Calamba got in the car, Ortiz retrieved an unloaded .40 caliber Sig Sauer pistol from under his seat and handed the gun to Calamba for inspection. Upon confirming that the gun was not fake, Calamba asked Ortiz for the magazine, but Ortiz replied by asking for the money. Calamba pepper-sprayed Ortiz and then—on seeing Carter reach for the front of his waistband as though for a gun—Carter as well. Chased by Ortiz, Calamba ran to where Cardenas…