Childs

People v. Childs

Bad Law
112 Cal. App. 3d 374·169 Cal. Rptr. 183·1980 Cal. App. LEXIS 2461
Court of Appeal of CaliforniaNovember 20, 1980Crim. 19560California4,887 words

Opinion

Opinion

Miller, J.

Wendell Childs and Michael Nelson appeal from a judgment of conviction based upon a jury verdict finding them guilty on multiple counts of robbery (Pen. Code, § 211) with firearm use (Pen. Code, § 12022.5), assault with a deadly weapon (Pen. Code, § 467), attempted robbery (Pen. Code, §§ 211/664), and unlawful driving of a vehicle (Veh. Code, § 10851).

The facts reveal that around 11 a.m. on December 11, 1978, an individual wearing a ski mask and dark clothing entered the Bank of America at Stonestown Shopping Center in San Francisco and yelled, “Okay. Nobody move.” Gun in hand, he positioned himself in the platform area and watched the customers. A second man with a ski mask, dark clothing, tennis shoes, green surgical gloves and carrying a gun and white pillowcase went to the teller’s counter and leaped over the barrier. He pushed aside teller Ayala and took money from her cash box. The robber proceeded down the line of tellers, removing money from the open cash cans. The five tellers on duty remained in and around the area of their cash stations during this time. As the man in the platform area moved down the line of tellers, the other man moved through the lobby in a…

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