People v. Overton CA1/5

I. BACKGROUND

Overton was charged by amended information with two counts of second degree robbery (Pen. Code, §§ 211, 212.5).2 An enhancement under Penal Code section 12022, subdivision (a)(1) (principal armed with a handgun) was alleged as to each count. An 1 initial trial resulted in mistrial when the jury was unable to reach a verdict as to Overton.3 Retrial commenced on September 24, 2013. We recite trial evidence supporting the verdict. (People v. Hovarter (2008) 44 Cal.4th 983, 996–997 [entire record is reviewed in the light most favorable to the prosecution to see if “ ‘ “ ‘ “any rational trier of fact” ’ could have been so persuaded” ’ ”].) On June 28, 2011, at about 1:40 p.m., two men wearing black ski masks entered the U.S. Bank in Benicia, California. One of the men held a two-toned, semi-automatic handgun. He pointed the gun at bank tellers S.M. and D.B. He directed a customer to get on the floor. The second masked man leapt over the counter and directed S.M. and D.B. to the bank’s vault. He yelled at D.B. to “hurry up, bitch,” and threatened to “blow [her] fucking head off.” When the vault was…