Rivera
People v. Rivera
Opinion
Opinion
Gates, J.
Appellant was convicted by jury of two counts of robbery, in one of which he had used a deadly or dangerous weapon. (Pen. Code, §§ 211, 12022, subd. (b).) The court imposed a total sentence of five years and directed that it be served in the California Youth Authority. (Welf. & Inst. Code, § 1731.5, subd. (c).) He appeals contending:
As to count I, Salvador Bernal testified that at approximately 5:25 p.m. on October 6, 1990, he was returning to his car parked near the intersection of 7th and Alvarado. In his hand he was carrying the car’s stereo radio which he had removed “Because if you leave it inside, they break your windows and steal it.” In this instance, however, even this precaution proved vain. Before Bernal could reach the vehicle he was surrounded by appellant and four others. He testified appellant then said, “I should give him the stereo or my life.”
Frightened, Bernal threw the radio at appellant and was rewarded by being struck in the head from behind with a beer bottle. He fell to the ground where all the men joined in kicking him. When he finally escaped he contacted the police. After his wounds had been treated at the scene, the officers drove Bernal…