The People v. Aguilar CA2/6

Facts During the early morning hours of December 28, 2008, appellant entered the Circle K Market in Ventura with a masked man, demanded money, and shot and killed the store clerk, Sean Odle, with a .22 caliber rifle. (Counts 1 and 2.) Shortly before midnight on December 11, 2008, appellant robbed Marisela Martinez, a cashier at the Shell Gas Station in Fillmore. Wearing a bandanna, gloves and a beanie, appellant pointed a rifle at Martinez, demanded money, and fled with $300 to $400. (Count 3.) Shortly before midnight on December 12, 2008, appellant attempted to rob Touni Ziab at the Central Liquor and Market in Santa Paula with a rifle. (Count 4.) Wearing a bandanna and dark hooded sweatshirt, appellant confronted Ziab and said “Give me all the fucking money. I ain’t playing around with you." Appellant fled after Ziab called out for his brother-in-law to get a gun and call 911. (Count 4). In 2009, appellant told a police informant, Adam Solorio, that "I killed my first man" and that he committed the Ventura, Fillmore and Santa Paula crimes.

2 On count 3 for robbery, the trial court imposed a three-year term plus 10 years for use of a firearm (§ 12022.53, subd. (b)). Appellant…