Sequeira
People v. Sequeira
Opinion
Opinion
Newsom, J.
Appellant was charged with numerous counts of robbery (Pen. Code, § 211) and false imprisonment (Pen. Code, § 236), each accompanied by an enhancement clause alleging firearm use (Pen. Code, § 12022.5); he was convicted of some of these charges after a first jury trial, and of others upon retrial. Appellant was sentenced after his second trial to consecutive terms amounting to an aggregate of 21 years and 4 months. Two appeals were filed, one after each trial, which we have consolidated.
The crimes of which appellant was convicted following his first trial related to two separate incidents at the Quarts and Pints Liquor Store in San Francisco occurring on February 10, 1979 (count I) and February 20, 1979 (counts X-XV).
At approximately 7:30 p.m. on February 10, 1979, two men entered the liquor store, exhibited handguns, and ordered everyone in the store, including two clerks and a number of customers, to fall to the floor. One of the gunmen, later identified as appellant, directed the store clerk on duty, Robert Stubblefield, to open the cash register; Stubble-field complied. After Stubblefield had returned to his position on the floor, appellant removed money from the…