People v. Davenport CA6

Facts and Proceedings Below2 Count One On April 22, 2011, Krystle Gutierrez was working as a teller at the Bank of the West in Saratoga. At one point during the morning, Ms. Gutierrez saw a man walk into the bank; she recalled that he was Caucasian and appeared to be in his mid-40s; he was wearing a windbreaker and a hat. Ms. Gutierrez noticed the man standing where customers fill out deposit slips. She asked him if she could help him and he stepped to her window where he asked for a withdrawal slip. Ms. Gutierrez gave him a slip and the man stepped to her left. A few seconds later, the man said " 'This is a robbery. You have 60 seconds to give me your money.' " Ms. Gutierrez froze; she saw the man reach into his pocket and pull out a gun. The man began counting back from 60 at which point Ms. Gutierrez became extremely scared and gave the man money from her till. The man put the money in a bag and left the bank. Ms. Gutierrez was shown several photographic line-ups. In some she did not recognize anyone, but in some she did choose a suspect. During the preliminary examination, Ms. Gutierrez identified defendant as the person she had chosen in one of the photographic…