People v. Grayson CA6

I. Statement of Facts2

A. Counts 1 to 3 (§ 211), Counts 8 & 9 (§ 422), Counts 11 to 13 (§§ 236, 237) At approximately 6:15 p.m. on October 25, 2009, defendant entered a Radio Shack store in San Jose and told Jesse Griego, an employee, that he had a gun in his waistband and motioned toward his waist. Defendant then escorted Griego to the store counter where there were two other employees, Paola Arango and Airica Musa. Defendant took $40, a driver’s license, and credit cards from Griego’s wallet. Defendant told Arango, “I am not playing games. I have a gun! Give me all the cash and everything in your pockets and your wallet.” After taking approximately $700 from the cash register, defendant accused Griego of lying about whether there was no additional cash and threatened to shoot him. Defendant then took the three employees to the rear of the store before he fled the scene.

B. Count 4 (§ 211) At about 8:30 p.m. on October 28, 2009, defendant entered a Radio Shack store in Mountain View. While speaking to Andrew Cermak, an employee, defendant pulled back his jacket and displayed what appeared to be a semiautomatic pistol in his waistband. Defendant told Cermak to distract the only…