People v. Grajeda CA2/4

FACTS AND PROCEDURAL HISTORY2

The Crime Prosecution Evidence At 9:00 p.m. on March 28, 1979, appellant called Alfred Armijo to discuss buying heroin. Armijo was asleep at the time, but his girlfriend, Debbie, answered the phone and invited appellant to come over. Appellant and another man, John Stinson, arrived at Armijo’s home at 10:00 p.m. Debbie answered the door but would not allow appellant to come in until Stinson returned to the car. As Debbie opened the door, Armijo awoke and ran to the door. Appellant, who had one foot in the doorway, drew a gun and pointed it at Armijo and Debbie as they tried to close the door. Appellant said, “Stand back. This is a holdup,” and called Stinson for help. Stinson arrived at the door with his own gun, and he and appellant forced their way into the living room. A struggle ensued. Appellant fired his gun once and said, “Give up the dope right now.”

All further statutory references are to the Penal Code unless otherwise indicated. The facts and procedural history of appellant’s crime are drawn from our opinion in appellant’s direct appeal, People v. Grajeda (Apr. 8, 1983, 2d Crim. No. 41516) [nonpub. opn.].

2 Later—it is…