People v. Williams

Robert Verna Williams appeals a judgment, following a trial by the court, convicting him of five counts of first degree robbery (Pen. Code, § 211). The court found Williams used a firearm in the commission of the robberies alleged in counts I, II and III (Pen. Code, § 12022.5).

The victims of the first three robberies were employees of three different 7-11 stores. Each told of the circumstances of the robbery, and each said Williams used a gun which they described. No gun was found, and none was offered as evidence as to the robberies alleged in counts I, II or III. However, in the fourth and fifth robberies, the victims identified a pellet gun (found in Williams’ possession when he was arrested just after the fifth robbery) as resembling the gun used by Williams. Significantly, each of the victims of the first three robberies was shown the pellet gun, and each testified it was not the weapon used by Williams when he robbed them.

Williams contends the evidence does not support the section 12022.5 findings because the People did not prove the weapon used was a firearm, “as distinguished from other deadly weapons or implements merely giving the appearance of deadly…