People v. Alcaraz CA4/3

FACTS

Prosecution Case John Doe 1 (JD1) and John Doe 2 (JD2) were walking together one night to a 7-Eleven store in Anaheim. A black SUV drove up. JD1 saw four people inside the 1 SUV. The driver asked them, “Do you guys bang?” JD1 and JD2 responded, “No, we don’t.” A passenger asked, “Where you from?” At least one of the occupants yelled, “Anaheim Travelers City,” and the SUV drove away. JD1 watched the SUV pull into the 7-Eleven parking lot. JD1 and JD2 walked into the store, where a surveillance camera recorded them entering. Once inside,

1 Four persons were initially charged together in this case, but appellant and Alcaraz were tried separately. The other two defendants’ cases are not before us.

2 JD1 saw the same people who had spoken to him from the SUV. Some of them stood behind him while he used a store ATM to withdraw cash, which he placed in his pocket. JD1 identified one of them as appellant. Appellant whispered something inaudible. JD1 asked him, “What was that?” Appellant again whispered something that JD1 did not comprehend. The SUV driver left the 7-Eleven and began pacing outside. Seeing this, JD1 got a “bad feeling” and became nervous and fearful. As he left…