People v. Neal CA3

BACKGROUND

R.R. was working behind the counter at a mini mart in Oroville, California on April 13, 2019, when a man wearing sunglasses, a baseball cap and a hooded camouflage sweatshirt, with the hood pulled up over the baseball cap, came into the store. The man got a can of pineapple juice from the cooler and stood in line behind a customer. The man walked up to R.R. after the customer left and asked for cigarettes. When R.R. rang up the items and turned to get the cigarettes, the man pulled out a black or brown handgun, pointed it at R.R.’s face and demanded money. R.R. was about to comply when he heard the gun click. He put his hand up and moved away from the man. The man hit R.R. on the side of his head with the gun. The two struggled and the man eventually ran out of the store. No money was taken.

Undesignated statutory references are to the Penal Code.

2 R.R. saw the man go to a black or brown car parked on the street. The man got in the backseat, behind the driver, and the car drove away. The time stamp on store surveillance videos showed that the suspect entered the store at 8:26:24 a.m. and left the store at 8:27:53 a.m. Kristen B. saw two men scuffling at the door…