People v. Washington

Mark Johahn Washington and Evyn Delayne Mack appeal the judgments entered after conviction by jury of two counts of kidnapping for the purpose of robbery, three counts of robbery, three counts of assault with a firearm and nine counts of false imprisonment. (Pen. Code, §§ 209, subd. (b)(1), 211, 245, subd. (a)(2), 236.) The jury found Washington and Mack both personally used a firearm in the commission of each offense and that each offense was committed for the benefit of a criminal street gang. (§§ 12022.53, subd. (b), 186.22, subd. (b)(1).) We reverse the convictions of kidnapping for the purpose of robbery but otherwise affirm the judgments and remand for resentencing.

SUMMARY

Appellants committed a takeover robbery of a bank. While Mack robbed the tellers, Washington moved the bank manager from her office to the vault room, a distance of approximately 25 feet, and forced the manager to open the vault with the assistance of a teller who moved from the teller area to the vault room, a distance of approximately 15 feet. Appellants took cash from the vault, then fled.

At the close of the People’s evidence, appellants sought dismissal of the counts that alleged…