People v. Robles CA3

Filed 1/7/25 P. v. Robles CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100240

Plaintiff and Respondent, (Super. Ct. No. 22FE001497)

v.

MIGUEL ROBLES,

Defendant and Appellant.

A jury found defendant Miguel Robles guilty of five counts of attempted murder, two counts of criminal threats, and one count of carrying a loaded firearm in public. On appeal, Robles contends there was insufficient evidence to support two of the attempted murder convictions. We disagree and will affirm the judgment.

1

FACTUAL BACKGROUND1 In January 2022, Robles, his brother, and two other men went to a nightclub to hear a band play. B.M. and C.G. were at the nightclub promoting the band, and R.A. worked there as a security guard. Robles and his companions ordered alcoholic drinks, and Robles drank an entire bottle of whiskey. Robles took pictures with the band because he was a fan, but became angry when B.M. asked him to leave the stage. Robles complained to his companions, who all became angry at B.M. for not allowing Robles to stay on the stage. One of the companions pushed B.M. R.A. saw what was happening and told Robles and his companions to leave the nightclub. When they ignored R.A., R.A. stepped between them and B.M. to separate them. Two of Robles’ companions seemed to calm down, but Robles did not. R.A. escorted the two calmer men toward the front doorway, which had clear plastic blinds hanging from it, while Robles stayed on the dance floor. Just before they reached the front door, however, one of Robles’ companions elbowed R.A. in the jaw and a fight commenced between the men and the security guards, including R.A. C.G., who was at the bar, went to the front door and saw Robles run to join the fight. Once Robles and his companions were all together by the front door, C.G., B.M., and another security guard ushered them out of the club. One of the men with Robles encouraged him to get a gun and kill them. As Robles walked out the door, he said, “I’m going to come back. I’m going to grab my gun and start shooting at you guys, kill you guys.” R.A. stood just inside the front door to make sure Robles and his companions did not try to re-enter while C.G. and B.M. followed them out the front door and onto the