Davis

People v. Davis

Good Law
10 Cal. Rptr. 2d 381·1992 Cal. App. LEXIS 904·8 Cal. App. 4th 28·92 Daily Journal DAR 9963·92 Cal. Daily Op. Serv. 6349
Court of Appeal of CaliforniaJuly 16, 1992D012079California7,310 words

Opinion

Opinion

Benke, J.

Appellants Calvin Bernard Davis and Eddie James Spence, Jr., along with codefendant Louis Mosley were each convicted of one count of robbery. (Pen. Code, § 211.) True findings were returned as to Spence, Davis and Mosley on allegations the robbery involved a great taking. (§ 12022.6, subd. (b).) True findings were returned as to Spence and Davis on allegations that during commission of the robbery they were armed with a firearm. (§ 12022, subd. (a).) It was also found true Spence had a prior conviction for a serious felony within the meaning of section 667, subdivision (a). Spence and Davis appeal, arguing instructional error. We affirm.

Facts

At 7:30 in the evening on September 29, 1989, Barbara Depew was working in the jewelry department of the Best store on El Cajon Boulevard in La Mesa. Depew heard a commotion, looked up and saw two Black men whom she later identified as Louis Mosley and Eddie Spence. Mosley was holding a sawed-off shotgun. Spence ordered Depew to open the jewelry cases, then used a pillowcase to collect jewelry. The men left with the jewelry which had an estimated value of $300,000.

Several other employees and customers observed the robbery.…

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