P.

P. v. Melendez CA6

Good Law
Court of Appeal of CaliforniaApril 2, 2013H037581California4,143 words

Opinion

Opinion

Manoukian, J.

BACKGROUND

As defendant’s argument only concerns his conviction of possession of material with intent to make a destructive device (count 5; former § 12312), our review of the evidence will focus on that count. A. Robbery, Attempted Robbery, Conspiracy, and Dissuading Counts Using the name Lucas Rossi, defendant responded to Craigslist ads placed by Lawrence Dauch, who was selling an expensive watch, and by Pierre St. Cyr, who was selling a video camera. Defendant arranged to meet both men on August 18, 2006. A woman using the name Sophia helped defendant set up the meeting with St. Cyr. Defendant met Dauch first, robbing him of the watch and then threatened him. A few hours later, defendant attempted to rob St. Cyr of the video camera. In both instances, defendant used a gun with a silencer. He also wore a fedora hat, sunglasses, and a fake mustache in both crimes. In 2009, defendant was identified by fingerprints found on the victims’ vehicles. B. Possession Counts On July 22, 2009, officers executed a search warrant at defendant’s apartment. They located a silencer, a .22-caliber handgun, three fedora hats, sunglasses, brass knuckles, pills containing MDMA, and a…

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