Fernandez

People v. Fernandez

Good Law
1990 Cal. App. LEXIS 420·219 Cal. App. 3d 1379·269 Cal. Rptr. 116
Court of Appeal of CaliforniaApril 30, 1990B036271California3,473 words

Opinion

Opinion

Lucas, J.

Raul Ben Fernandez appeals from judgment entered after a jury found him guilty of three counts of second degree robbery (Pen. Code, §211), one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a) (1)), and one count of grand theft auto (Pen. Code, § 487, subd. 3). We modify the judgment and affirm as modified.

Facts

On October 7, 1987, Auxiliadora Martinez returned to her car after cashing checks at the bank. As she entered the car, she was approached by Ronald Ziegler, who pointed a long-barreled gun at her stomach and said, “Get out of the car.” Mrs. Martinez ran inside the bank, leaving her purse on the driver’s seat of the car and the keys in the car ignition.

While this was occurring, a Hispanic man opened the passenger side of the car where Mrs. Martinez’s nephew, Julio, was seated. He held a knife about 10 inches from Julio’s stomach. As Julio started to get out of the car, the man pulled him out and the two men drove away. The car was recovered a short time later, and Mrs. Martinez got her purse back the following day without the money.

About a week after the robbery, Julio selected a photo of appellant Fernandez from a photo lineup as the man…

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