Hall
People v. Hall
Opinion
Opinion
FACTS
A. Robbery of Ismael
Around midnight on February 7, 2015, Ismael D. was outside his home when he
noticed a black Chevy Silverado driving by at an unusually slow pace. Ismael asked the
driver if he could help him and, after a brief exchange, the driver got out of the truck,
showed Ismael his gun, and asked him if he knew anyone from a local gang called
“Cathedral City.” When Ishmael said no, Hall and his 14-year-old codefendant, Anthony
Torres, stepped out of the truck.1 Torres demanded Ismael empty his pockets, and Hall
1Torres is not a party to this appeal. Though he initially filed an appeal raising the same argument about CALCRIM No. 315 as Hall, he abandoned his challenge after our Supreme Court issued their decision in People v. Lemcke, supra, 11 Cal.5th 644, which we discuss in part II.A, below.
3 hit him in the face with a rifle. More people got out of the truck then, all armed with
weapons.
Ismael emptied his pockets and handed over his belongings, and the group began
to beat him. When his wife noticed what was happening, she yelled through the window
that she was calling the police. The group got back into the truck and fled.