People v. Ward CA5

Facts Because appellant does not challenge the sufficiency of the evidence and his sole contention on appeal relates to sentencing, we present an abbreviated account of the facts of the instant offenses: At approximately 6:40 p.m. on October 7, 2010, Lorenzo Hernandez and Lorena Alvarez were working behind the counter at a “Rent-A-Center” store in Fresno when appellant entered the store, wearing a mask and carrying a handgun. Appellant pointed the gun at Hernandez and Alvarez and demanded the cash in the register and two laptop computers that were on the counter. Hernandez handed over the laptops and Alvarez handed over all the cash in the register, approximately $800. Appellant then ordered Alvarez and Hernandez to get down on the floor, at which point appellant left the store. After appellant left, Hernandez called 911, and police apprehended appellant a short time later. In the car appellant had been driving, police found a black BB gun and two laptop computers, one of which had a “Rent-A-Center” sticker on it. Procedural Background The probation officer, in her December 28, 2012, written report (RPO), under the heading “RULE 4.421: CIRCUMSTANCES IN AGGRAVATION,”3 quoting,…