People v. Fite CA2/3

I. Facts2

On July 20, 2012, Fite entered a gas station store in Lancaster, California. He “swept” his gun through the inside of the store and pointed it at a customer. Fite next pointed the gun at the cashier’s head and demanded money. Fite took cash from the register, as well as a red envelope which contained additional cash and a laminated two-dollar bill. Before leaving, Fite told everyone to lie down and put their hands on the back of their heads.

All further undesignated statutory references are to the Penal Code. We refer to the factual background from the opinion in People v. Fite (Apr. 23, 2014, B249434) [nonpub. opn.], which affirmed the judgment of conviction.

2 Fite was arrested at a nearby apartment complex with a gun, the red envelope, and the laminated two-dollar bill.

II. Procedure

A. Trial court proceedings On May 3, 2013, a jury convicted Fite of second degree robbery (§ 211; count 1) and assault with a firearm (§ 245, subd. (a)(2); count 2). As to the robbery, the jury found allegations true for personal use of a firearm under sections 12022.53, subdivision (b) and section 12022.5, subdivision (a). As to the assault, the jury found the…