Caudillo

People v. Caudillo

Good Law
101 Cal. App. 3d 122·161 Cal. Rptr. 293·1980 Cal. App. LEXIS 1380
Court of Appeal of CaliforniaJanuary 16, 1980Crim. 4027California1,366 words

Opinion

Opinion

Brown, J.

Appellant was convicted after jury trial of robbery (Pen. Code, § 211) with the use of a firearm (Pen. Code, § 12022.5). He appeals from the judgment.

On March 3, 1977, at about 7:15 p.m., two men entered Ken’s Cork-N-Bottle liquor store on 11th Street in Hanford. After the men entered the store one of them picked a bag of potato chips from a rack and walked to the counter. Placing the chips and dollar bill on the counter, he opened his trench coat and revealed a gun butt, as he told clerk Jerry Zwickl “This is a holdup. Give us all your money.” The other man, who had never left the cash register area, pointed a gun at Zwickl’s forehead.

Zwickl gave the robbers a paper bag and took all the money out of the register. This activated a camera, which took three photos of the robbers. The trench-coated robber placed the money in the bag. Zwickl was ordered to lie face down on the floor. The two robbers left. From her vantage point inside a car parked directly in front of the store entrance, Kathy Rocha saw the two men inside the store near the counter area. About a minute later she saw the men leave the store, run down the street, and around the corner. Zwickl and Rocha…

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