People v. Webb CA6

I. STATEMENT OF THE FACTS AND CASE

In April 2016, G. met a man in a parking lot near G.’s apartment in San Jose who said his name was “Scotty” (Webb). Webb had a white four-door car with New Mexico license plates. The two took Webb’s car to G.’s apartment where they smoked methamphetamine. Webb told G. that he lived in his car and usually parked it in the VTA parking lot near G.’s apartment. Webb had an ex-wife and son who lived nearby. Webb offered to give G. a massage, during which G. fell asleep. When G. woke up, his cell phone was missing, and Webb was gone. G. looked for Webb for about two weeks and found him on May 7, 2016, sitting in his car in the VTA parking lot. G. went to talk to Webb in his car, and Webb told him that he had taken G.’s phone by accident. Webb asked G. if there was anyone in his apartment and if G. had any drugs. The two went to G.’s apartment, and Webb asked him if he had a knife. G. and Webb started to smoke methamphetamine. G. agreed to let Webb give him a massage. Webb got on top of G., who was lying face-down, and started to massage him. After a while, Webb told G. that he needed to heat up the massage oil. Webb went into the kitchen, and G. could…