Davison
People v. Davison
Opinion
Opinion
Chin, J.
Herbert N. Davison appeals from his conviction for robbery. He contends that the trial court committed instructional error. We agree that the instructions were erroneous. However, we find that the error was harmless, and affirm.
I. Factual and Procedural Background
On the evening of February 10, 1993, Charlotte Rosebrough drove to a bank in Berkeley, parked her car in the bank’s parking lot, and went to one of the bank’s automatic teller machines (ATM). After inserting her card in the ATM, she “punched in Rapid Cash $40.” While Rosebrough was waiting for the ATM to dispense her money, appellant and another man “approached from ... the rear to [her] right. . . seem[ingly] out of nowhere.” After going to the ATM next to Rosebrough, the two men began “fiddling with the envelope drawer” and “staring” at Rosebrough. They stood “very close together.” Appellant, who was closest to Rosebrough, told her to “ ‘[s]tond back.’ ” According to Rosebrough, appellant spoke in “a calm . . . but . . . firm voice,” “a voice like he really meant business.” As appellant spoke, he “sort of had a smirk on his face, a strange smile . . . .”