People v. Rosales CA6

I. BACKGROUND

A. Factual Summary2 On the evening of July 9, 2003, Rosales and his friend Sergio Timothy Pineda went out to several bars in San Jose. Sometime after midnight, they drove in Pineda’s silver Mazda to get some food. On the way, they encountered Jose Luis Ramirez. Rosales testified that Pineda said of Ramirez, “This guy is really drunk, I’m going to rob him.” Pineda invited Ramirez to come to a party. Ramirez agreed and followed the Mazda in his truck. A couple streets away, the vehicles stopped. Pineda directed Ramirez to park in an alley. Pineda then beat Ramirez with a baseball bat, hitting him multiple times in the head and the body. A man riding his bicycle nearby saw the beating and reported it to police. After Ramirez fell to the ground, Pineda went through his pockets. Pineda then returned to the Mazda and he and Rosales drove a short distance away, leaving Ramirez lying in the street. Pineda looked at the items he had stolen. According to Rosales, when Pineda realized he had not gotten any money from Ramirez, they drove back in the direction of Ramirez. Pineda got out of the car and got into Ramirez’s truck. Rosales fled in the Mazda. When Rosales…