People v. Lewis CA3

I. BACKGROUND

The People charged defendant with carjacking (Pen. Code, § 215, subd. (a))1 and alleged several aggravating circumstances and two prior serious felony convictions (§§ 667, subd. (a), 1170.12). At trial, a witness testified he saw defendant attack a man carrying items to his car from the gas station convenience store. The victim hit the ground and curled up to protect himself while defendant continued to “wail[]” on him. The victim called his cousin, who lived about one minute away, and told him what was happening. When the victim’s cousin arrived, he saw someone driving the victim’s car out of the gas station with the victim running next to the car, holding onto the steering wheel from outside the vehicle. The car pulled into the parking lot next to the gas station and defendant repeatedly hit the victim to make him let go. The victim’s cousin then pointed a gun at defendant and defendant stopped. Another car pulled up with two people inside who said, “you can have your stuff back, you know, we don’t want no problems.” Surveillance video showing defendant attacking the victim and trying to get into the victim’s car was played for the jury. The People moved to…