People v. Smith CA4/3

FACTS

Nicholas H. and Brandon B., co-managers of a restaurant in Orange, were talking in the restaurant’s parking lot after work one night at about 11:30 p.m. when Smith approached them. Nicholas recognized Smith as someone who had come into the restaurant before and had been given water or soda and sent on his way. Smith asked Nicholas and Brandon for a drink, and they explained the restaurant was closed. Smith walked away. A few minutes later, Smith approached Nicholas and Brandon again, running this time, and demanded they take him to a nearby grocery store to get some food and drinks. They declined. Smith became more aggressive and made a comment about having a gun. He reached his right hand toward the back of his waistband as if reaching for a gun. Nicholas and Brandon, believing Smith had a gun, put their hands up in the air. Nicholas had unlocked his car when he noticed Smith approaching them the first time. About the time Smith reached his hand toward the back of his waistband, Nicholas’s car automatically relocked, making a beeping noise. Smith told Nicholas, “If your car beeps one more time, I’m going to have you on your knees begging for your life.” Smith then said to…