People v. Martinez CA4/3

FACTS

On January 2, 2019, P.S. was working as a cashier at a 7-Eleven store in Anaheim. Around 5:40 p.m., a man entered the store and approached the cash register with a bottle of juice and candy. The man handed P.S. a $20 bill; P.S. opened the register, and when he looked up, he saw the man was pointing a small black gun at him.

1 All further statutory references are to the Penal Code.

2 The man told P.S. to put the money and juice in a bag. After P.S. complied, the man exited the store. P.S. immediately called 911 and reported the robbery. P.S. described the perpetrator as a light-skinned Hispanic man, around 6 feet tall and 180 to 195 pounds, 30 to 35 years of age, and with a star tattoo with an “O” in the middle of it below his left eye. Around 6:00 p.m. that same day, Buena Park Police Officer Lopez heard a description of the suspect broadcast over the radio. Officer Lopez believed the description matched Martinez; the officer had had a number of prior contacts with Martinez, and Martinez’s tattoo (a star with a “9” inside) was the only one like that he had seen. Accordingly, Officer Lopez drove to the 7-Eleven store and viewed the surveillance video. The surveillance…