Watkins

People v. Watkins

Good Law
1996 Cal. App. LEXIS 434·45 Cal. App. 4th 485·53 Cal. Rptr. 2d 13·96 D.A.R. 5569·96 Daily Journal DAR 5569
Court of Appeal of CaliforniaMay 14, 1996C020795California2,738 words

Opinion

Opinion

Sims, J.

After Marisela Perez, the estranged girlfriend of Augusto Robles, left their shared apartment, she believed that some of her property remained on the premises. Perez marshaled defendants, Calvin Reese and Shean Watkins, to help her recover the property. Unfortunately, defendants interpreted their mission as a license to commit burglary (count I [Pen. Code, § 459; all subsequent undesignated section references are to the Penal Code]) assault with a firearm (count II [§ 245, subd. (a)(2)]), and robbery (count III [§211]). Defendant Reese was accused of personally using a firearm while committing these acts (§ 12022.5, subd. (a)), and defendant Watkins was accused of being armed with a rifle while committing them (§ 12022, subd. (a)(1)). Defendant Reese was additionally accused of being a convicted felon in possession of a firearm (count IV [§ 12021]). Both allegedly had prior records which brought them within the scope of section 667, subdivisions (a) and (b)-(i).

A jury convicted defendants of the above mentioned crimes (except as to count II, on which Watkins alone was acquitted) and found the weapons enhancements true. The trial court found the allegations of prior…

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