People v. Meza CA4/3
Opinion
Opinion
STATEMENT OF FACTS
In March 2018, Meza and an accomplice entered a smoke shop, wearing bandanas over their faces, hoodies, and gloves. One of the robbers, later identified using DNA evidence as Meza, swung at the shop owner but missed. He also appeared to be carrying a gun. Meza was captured on surveillance video removing cash from the cash register. While the robbery was in progress, the shop owner called 911. The transcript of the 911 call was entered into evidence at trial. The shop owner observed the robbers leaving the store and getting into a nearby car. The robbers stole $1,200 in cash and 20 cartons of cigarettes worth approximately $1,500. After police responded to the smoke shop, they collected evidence, including swabbing the cash register and the cash register key to obtain DNA. DNA samples were collected from the shop owner and from Meza. Meza’s DNA profile was found on the cash register key. Meza was charged with one count of second degree robbery (Pen. Code, § 211)1 with an allegation of personal use of a firearm (§ 12022.53, subd. (b)). The jury found Meza guilty of robbery but found the firearm
All further statutory references are to the Penal Code.