Edwards

People v. Edwards

Good Law
117 Cal. App. 3d 436·172 Cal. Rptr. 652·1981 Cal. App. LEXIS 1530
Court of Appeal of CaliforniaMarch 27, 1981Docket Nos. 4278, 4279California3,824 words

Opinion

Opinion

Allen, J.

Appellant was convicted by a jury of six counts of robbery. The jury also found true a use allegation (Pen. Code, § 12022.5) as to each of the six counts. Additionally, appellant was charged in another information with one count of robbery and a use allegation (Pen. Code, § 12022.5). The jury found him guilty of the robbery count and made a true finding on the use allegation.

For purposes of sentencing, both matters were consolidated. Appellant now appeals from the judgment imposed, claiming various sentencing errors.

Statement of Facts

Counts I and II

On July 16, 1978, appellant entered the Fresno West Bait Shop and pointed a pistol at the clerk, Marvin Stanley Holley (Holley). Holley was talking on the telephone at the time, and appellant told Holley if he did not hang up the phone appellant would blow out the brains of Holley’s son Michael Holley (Michael), who was behind the counter. Appellant was pointing the gun at Holley and also at Michael. Appellant threatened to blow Michael’s brains out if he didn’t turn around and face down to the floor. Holley heard appellant walk out and he got up. Appellant came back and said “I told you I was going to blow your brains…

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