People v. Lopez-Sanchez CA4/3

FACTS

Two high school students, J.S. and N.C., were on their way home from basketball practice on the evening of December 4, 2017, when they were approached by two men. J.S. was walking his bicycle. One of the men who approached the students asked them to give the bicycle to his companion. When J.S. said no, the man pulled a gun out of his pocket and asked for the bicycle again. This time, J.S. handed over the bicycle. The students began to walk away, but the man with the gun told them to run. They did. When they reached a traffic light, J.S. called the police. On his call to the police (an audio recording of which was later admitted at trial as an excited utterance), J.S. described the man with the gun as Hispanic, approximately 19 to 20 years old, around five feet five inches tall, “chubby,” and wearing a black sweater and jeans. He described the gun as a black handgun, possibly with a silencer. J.S. described the man without the gun as wearing a black sweater, black pants, and a black bandana. J.S. also provided a description of his bicycle. Later that night, the police detained S.M., whom they observed in possession of a bicycle matching J.S.’s description. The police brought…