Lispier

People v. Lispier

Good Law
1992 Cal. App. LEXIS 395·4 Cal. App. 4th 1317·6 Cal. Rptr. 2d 639·92 Daily Journal DAR 4375·92 Cal. Daily Op. Serv. 2796
Court of Appeal of CaliforniaMarch 4, 1992G010769California2,909 words

Opinion

Opinion

Sills, J.

James Gilbert Lispier appeals his conviction of second degree robbery while using a firearm. He contends his pretrial statements to the police were improperly admitted, and the evidence was insufficient to support the robbery charge or the firearm enhancement. We affirm the judgment.

Facts

Just before noon on June 16, 1990, Gavin Jiles got out of his large silver pickup truck to go to work at a Newport Beach theater. A Hispanic man approached and asked him for the time. When he told him it was 11:20 a.m., the man pushed him back towards the opened door of the truck and yelled at him to get in. Jiles refused and the man responded with, “Shoot him! Shoot him!” At the same time, Jiles felt something pushed into his back. Turning, he could see a semiautomatic gun held by a Black man.

Jiles immediately obeyed. He climbed into the cab and slid across the bench seat to the passenger door. The Black man followed him and the Hispanic man brought up the rear. Once all three were inside the cab, the Hispanic man demanded the car keys from Jiles, and the Black man took his wallet. Laying the gun down on the seat between Jiles and himself, he rifled the wallet’s contents. Jiles…

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