P.

BACKGROUND

The evidence at trial concerned two separate incidents: the robbery of a surf shop on June 28, 2009 and a jail fight on October 28, 2009. Defendant‟s two convictions stemmed from the surf shop incident only, as the jury was unable to reach a verdict regarding the charges based on the jail fight. A. Surf Shop Incident On June 28, 2009, Kristian P. Ivanov was working at the La Selva Surf Shop. The shop was very small – approximately seven feet wide and 20 feet deep. It had only a front entrance. The sales counter was in the back of the store. Next door to the surf shop was a small grocery with a deli inside. 1. Ivanov’s testimony Ivanov was working alone in the surf shop that day. Defendant entered the shop at around 10:30 a.m., along with Xavier Carmona. Defendant was wearing shorts. He had no shirt on, but he was carrying a white t-shirt in his pocket. Defendant had a number of visible tattoos on his chest and arms. He did not look like a typical customer. Defendant approached Ivanov and engaged in some small talk. Defendant indicated that he was interested in buying a pair of sweatpants for his girlfriend. Ivanov helped defendant select a pair of sweatpants.…