Fagalilo
People v. Fagalilo
Opinion
Opinion
Ashby, J.
Appellant was convicted of one count of robbery and three counts of assault by means of force likely to produce great bodily injury and with a deadly weapon. He was sentenced to state prison.
During the afternoon of May 23, 1980, appellant and three other male Samoans, Herman Tautolo and codefendants Fetu Gaoa and Emi Tauanuu entered the Thrifty Drugstore located at 4402 Atlantic in Long Beach. Appellant’s companions walked in a group past the sole cashier on duty, Alice Danforth, and were talking boisterously so as to draw attention away from appellant, who was straggling behind them.
Mrs. Danforth’s attention was directed toward a customer at her cash register. When she rang up the purchase and the cash register drawer opened, appellant surprised her from behind, told her to move and hit her in the breast with his elbow. He then shoved her onto the floor. Mrs. Danforth jumped to her feet but appellant shoved her again. She yelled, “Robbery, stop,” and asked appellant what he was doing. Appellant did not answer but instead removed all the bills, $121, from the register drawer. He then ordered Mrs. Danforth to remove the drawer from the register, but she shoved him away…