People v. Hernandez CA6

BACKGROUND

A. The Robbery On April 14, 2011, Joshua Magaoay was working as a delivery driver for Sweet Leaf Caregivers, a medical marijuana distributor. He was dispatched to deliver marijuana to defendant. Magaoay had delivered marijuana to defendant about two weeks earlier.

1 All further statutory references are to the Penal Code unless otherwise indicated. Magaoay initially attempted to deliver the marijuana to defendant’s home. After two or three unsuccessful attempts to meet defendant at his home, defendant called and asked to meet Magaoay at a Safeway parking lot. Magaoay arrived at the Safeway parking lot at about 5 or 6 pm. He was alone in his car. He was in possession of about $1,000 in cash and about one and a half pounds of marijuana. Defendant walked up and got into Magaoay’s car. They discussed the various product options and defendant made a selection. Magaoay began to weigh out the product. He looked up and saw defendant pointing a silver handgun at his face. Defendant said, “I am not playing around.” Defendant asked for Magaoay’s car keys, wallet, and cell phone. Magaoay gave him the car keys, cell phone, and money from the marijuana case, as well as the…