People v. Rose CA3

BACKGROUND

T.S. received an invitation through a dating app to meet and smoke marijuana, so he drove to the address provided. When T.S. arrived and exited his car, d efendant approached, pointed a handgun at T.S., and told T.S. to give defendant his belongings or defendant would kill him. After T.S. handed defendant his backpack and wallet,

1 defendant found a debit card, but no money in the wallet. Defendant ordered T.S. to get back into the car, got into the seat behind T.S., pointed the handgun at T.S.’s head, and ordered T.S. to drive to a bank to use the debit card. At the bank, defendant demanded the personal identification number for T.S.’s debit card and withdrew money from T.S.’s account. Defendant then got back in the car and ordered T.S. to return him to the original meeting place. When they arrived, defendant got out and walked off with T.S.’s belongings. 1 The prosecution charged defendant with robbery (Pen. Code, § 211), kidnapping (§ 207, subd. (a)), and kidnapping to commit robbery (§ 209, subd. (b)(1)). The prosecution also alleged that defendant used a firearm in the commission of each of the three offenses (§ 12022.53, subd. (b)). Defendant agreed to plead no…