Mendoza

BACKGROUND

Defendant’s convictions stem from two separate criminal episodes in the city of Pomona occurring weeks apart in 2018. The Spadra Cemetery Incident On the evening of September 16, 2018, young cyclists on a group ride sought to take a shortcut through the Spadra

1 Undesignated statutory references are to the Penal Code.

2 Cemetery. As one of the group’s leaders, Jeremy Chapa, was trying to locate a trail he wanted to use, Defendant emerged from the bushes and demanded to know what Chapa was doing there. Defendant’s girlfriend, Valerie Gorostiza, emerged a few seconds later. When he confronted Chapa, Defendant was holding a realistic replica revolver that Chapa believed at the time to be real. Defendant approached Chapa and pointed the weapon at him. Chapa explained his presence to Defendant and offered to leave immediately. Instead of letting the cyclists pass, Defendant ordered Chapa to the ground and Chapa complied. Defendant then put the weapon to Chapa’s head. When another cyclist, Jose Garcia, attempted to intervene, Defendant left Chapa and pistol- whipped Garcia in the face. Garcia fell to the ground and Defendant returned to Chapa. Defendant then ordered Chapa…