People v. Foster CA5

BACKGROUND

The following facts are taken from our opinion following defendant’s trial in this case, People v. Foster (1995) 34 Cal.App.4th 766 (Foster):

“At about 10 or 10:30 p.m. on October 19, 1993, [the victim] arrived at his home …. He was driving his brother’s white Jeep. When he arrived, he pulled into the driveway, then got out of the vehicle to move a trash can. He left the keys in the ignition and the motor running, as he intended to open the garage door and pull the Jeep into the garage.

“[The victim] had just moved the trash can when he was accosted by [defendant,] who was wearing a ski mask and had a cocked gun. [Defendant] grabbed [the victim] by the shoulder, then told him to get down and get in the Jeep. [The victim] opened the driver’s door and [defendant] pushed him into the vehicle. [Defendant] had the gun to the back of [the victim’s] head and got into the vehicle with [the victim]. [Defendant] continued to hold onto [the victim] and told [the victim] not to look at him.

“Still holding the gun to [the victim’s] head, [defendant] backed the Jeep out of the driveway and drove off with [the victim]. [Defendant] said he would shoot [the victim] if [he] tried to…