People v. Arterberry CA2/4

STATEMENT OF FACTS3

On September 19, 2010, Fernando Tamaura was working at a Mobil gas station in the City of Whittier. At approximately 8:30 that evening, two males grabbed Tamaura and pulled him away from the counter where the cash register was located. One of the males was armed with a firearm. They asked him for money. One of the assailants went through Tamaura’s pocket and took $700 in cash. Tamaura was forced to open the cash register and the men took approximately $1,300. They also grabbed a cigar box that was nearby. When the robbers left the location, Tamaura saw them get into a gold Pontiac, which was being driven by a third individual. Tamaura got into his truck and followed the Pontiac as it left the station. Eventually, Tamaura saw the Pontiac park in a driveway. He lost sight of the three suspects when they went toward a back house. In court, Tamaura identified a picture of the Pontiac he followed and defendant as the armed robber. The robbery was captured on videotape and the recording was played for the jury.

1 All further statutory references are to the Penal Code. 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531. 3 As defendant does not attack the sufficiency…