People v. Boner CA3

BACKGROUND

I Factual Background In the early morning hours of June 21, 2008, Boner was driving around in a friend’s car with his brother Antwaine Boner and his friend Anthony Moody. After sitting in the parking lot of a bar and drinking in the car for about 20 or 30 minutes, Boner decided to commit a robbery. Boner brought a loaded gun with him. He had purchased the gun “on the street,” loaded with four bullets. Boner shot the gun once into the air just a few days before the robbery. A group of six women left the bar together and walked to their car in the adjacent parking lot. One woman entered the driver’s seat, three women sat in the rear seat, one woman sat in the front passenger seat, and another woman stood outside the front passenger door assisting the front passenger in getting settled. While standing outside the vehicle, the woman assisting the front passenger suddenly “felt a gun to [her] head.” She turned around and saw Boner holding a revolver in his right hand and demanding that she give him everything she had. She handed over her cell phone and approximately $500 in cash.

2 Operative January 1, 2012, section 12034 was repealed and reenacted without substantive…