Alvarado

People v. Alvarado

Good Law
1990 Cal. App. LEXIS 1150·224 Cal. App. 3d 1165·274 Cal. Rptr. 452
Court of Appeal of CaliforniaOctober 26, 1990Docket Nos. A045675, A049307California1,791 words

Opinion

Opinion

Strankman, J.

John Anthony Alvarado appeals from the judgment after a jury convicted him of two counts of first degree robbery (Pen. Code, §§ 211, 212.5, subd. (a)), and found true an allegation that he had used a firearm in the commission of the offenses. (§ 12022.5, subd. (a).) He contends that evidence that he had robbed two victims in his motel room was insufficient to support convictions of first degree robbery. We find that appellant was properly convicted of first degree robbery, and affirm.

Discussion

I. Robbery

Appellant’s principal argument on appeal presents a narrow question of law. For the purposes of appeal, the parties do not dispute the facts that raise that issue. We therefore do not provide a detailed summary of facts. Instead, we recite the facts as they are relevant to our discussion.

With respect to appellant’s claim that he was improperly convicted of first degree robbery, it is enough to say that appellant lured two itinerant stereo salesmen to a motel room in which he was living, where he robbed them at gunpoint. Appellant argues that he should not have been convicted of first degree robbery. His theory is that although the robbery took place in “an…

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