P. v. Flores CA5
Defendant was charged with attempted residential robbery (§§ 211, 664; count 1), with the allegation that he personally used a firearm in the commission of the offense (§ 12022.53, subd. (b)); attempted residential burglary with the allegation that a nonparticipant was present (§§ 459, 460, subd. (a), 664, 667.5, subd. (c)(21); count 2); and assault with a firearm (§ 245, subd. (a)(2); count 3). The charges arose out of an incident in which the victim, who was at home with two young children in the early morning, heard a loud noise and looked outside to see Alfonzo Martinez standing outside her security door, which was then unlocked. Martinez attempted to tell the victim that he knew her husband, but did not respond when the victim asked him her husband’s name. The victim quickly locked her security door and, as she did so, saw defendant leaning against the wall. Defendant then moved away from the wall, stood next to Martinez, and pointed a firearm at the victim.
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