People v. Peek CA2/5

I. BACKGROUND

A. The Offense Conduct, as Established by the Evidence at Trial 1. California Market robbery Madan Kiratirai (Kiratirai) testified he was working at California Market, a convenience store in Whittier, on the evening of April 2, 2020. A man Kiratirai had seen before—and who had been banned from the store because “he had done some other things”—entered. Kiratirai asked the man to leave and picked up a phone to call the police. The man jumped over a counter and punched Kiratirai several times. Kiratirai fell to the ground and the man kicked him. The man took several packs of cigarettes and left the store.

2 When the prosecution asked Kiratirai whether his attacker was in the courtroom, Kiratirai responded, “Everybody wearing masks, so I can’t say.” The trial court followed up by asking Kiratirai whether he saw anyone in the courtroom resembling his attacker, “even though you’re not sure because everyone is wearing a facial covering[.]” Kiratirai responded, “Yeah, I think so,” and identified defendant. The trial court asked whether it would “help . . . if that person removed his mask.” Kiratirai said yes, but gave no reply when defendant lowered his mask and the…