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Criminal Law Keyed to Capers
People v. Villalobos
Citation:
145 Cal.App.4th 310 (2006)Facts
On the evening of November 7, 2004, Roy Anthony Miller rented a room at the Peppertree Motel in Ontario. About five minutes after Osika’s arrival, Miller heard a knock on the motel room’s door. Osika looked out the window and said, “Oh, that’s my boyfriend.” Osika opened the door and walked out of the motel room as Villalobos and the other man entered. Villalobos and the other man told Miller that they were going to rob him. The two men pointed knives at Miller and ordered him to the floor, but allowed him to lie on the bed instead. Villalobos searched Miller and removed $500–$700, a wallet and change from his pockets, and took his watch and a necklace. Meanwhile, the other man removed Miller’s cell phone, pager, some tools, writing materials, methamphetamine, and a smoking bowl from the table. Villalobos was an admitted member of Ontario Varrio Sur (OVS), a criminal street gang. OVS’s territory included the location of the Peppertree Motel. Osika was not a member of OVS.
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