Hatton
(HC) Vibanco v. Hatton
Opinion
Trial Court Opinion
Facts 6 On the night of October 24, 2010, Gabriel Ocon (Ocon) walked out of the FoodMaxx store near Highway 99 and Fresno Street and headed to his car in the parking lot. Defendant and Netisha Embry (Embry) approached him and defendant asked for a ride. Ocon did not know them and had never seen them before. 9 Ocon testified defendant spoke to him in “[n]ot so good Spanish” and asked for a ride to some place on Jensen. Ocon said no. Defendant insisted and said Embry had cancer, and she could not walk. Ocon finally agreed because defendant said Embry was sick. Embry did not ask for the ride or say anything to him. 12 Ocon got into the driver’s seat of his two-door car. Defendant entered the car through the passenger door and sat in the rear passenger seat. Embry sat in the front passenger seat. Ocon testified that he had placed a full-size pool cue in the car, which was lying lengthwise between the center console and the front passenger seat. He did not have any real or fake firearms in the vehicle. 16 Ocon testified defendant said they wanted to go to Golden State and …