Earls

People v. Earls

Good Law
109 Cal. App. 3d 1009·167 Cal. Rptr. 685·1980 Cal. App. LEXIS 2221
Court of Appeal of CaliforniaSeptember 2, 1980Crim. 10148California876 words

Opinion

Opinion

Regan, J.

Defendant was convicted by a jury of robbery (Pen. Code, § 211) and of using a firearm in the commission of the crime (Pen. Code, § 12022.5). Defendant admitted a prior 1972 conviction under Penal Code section 211 and was sentenced accordingly.

On appeal, defendant raises issues of unlawful search and seizure and of entitlement to behavior (good time) and participation (work time) credit for presentence time spent in the county jail.

On December 1, 1977, defendant and another male, both wearing ski masks and carrying guns, entered the Capitol Federal Savings and Loan at 2717 Marconi Avenue in Sacramento County.

Defendant wore a navy blue ski mask with gold trim. The other man wore a lavender ski mask. Despite the blue ski mask, the bank tellers were able to tell that defendant was a young white male of average height and build. The man in the lavender mask waited near the door with a drawn gun while defendant robbed each teller.

During the robbery, one teller triggered the silent alarm system, which notified law enforcement agencies and activated the bank surveillance cameras. One camera took an exposed profile shot of defendant removing the navy blue ski mask as he…

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