People v. Thornberry CA4/1

I.

BACKGROUND

A. Current Crime Thornberry entered a bank, approached a teller, and handed the teller a note stating he had C-4 explosives in his backpack and demanding $100,000. The teller responded he had no cash. Thornberry became angry and warned the teller “it was a serious situation” and the teller should comply. The teller became frightened, opened a coin drawer, and gave Thornberry $41 worth of coins. Thornberry took the coins and the note and left the bank. He was later arrested. B. Charges, Verdicts, and Findings The People charged Thornberry with robbery. (Pen. Code, § 211; subsequent undesignated section references are to this code.) They alleged he had three prior convictions of bank robbery, each of which constituted a serious felony for purposes of a five-year enhancement (§ 667, subd. (a)) and a

2 strike for purposes of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12). The People further alleged Thornberry had served a prior state prison term (Cal. Rules of Court, rule 4.421(b)(3)) and was on parole when he committed the current crime (id., rule 4.421(b)(4)). The jury found defendant guilty of robbery. Thornberry waived his right to a trial on the…