People v. Sweat CA6

I. BACKGROUND

A. THE ROBBERY

Our summary of the underlying facts is based on this court’s opinion in case No. H027550 and the record in that case, of which we have taken judicial notice at both parties’ request. A Holiday Inn employee was working on the morning of January 18, 2002, and left the front desk counter for a moment around 5:30 a.m. Two men were at the counter when he returned, one on either side of it. The man behind the counter was armed with a handgun and the other man also appeared to be holding a gun. The man behind the counter pointed the gun at the hotel employee, threatened him, and directed him to lie flat on the floor. The employee “did what he asked.” He heard the other man come over the counter and the two men talk about where the security camera and money were located. He also heard things being moved and three people going through cabinets, closet areas, and the cash drawer. The employee was told that he had 10 minutes to disable the security camera or he would be dead. He told the men where the security system was, but said he did not know how to disable it. The men asked the employee where his things were, and he said they were in the back. One man…