People v. Roston CA1/2

STATEMENT OF THE CASE

An information filed on May 3, 2012, charged appellant with one count of robbery (Pen. Code, § 211) and alleged he had served one prior prison term (§ 667.5, subd. (b).) Appellant was found guilty as charged on July 20, 2012, after a jury trial, and then admitted the prior prison term. He was sentenced on September 26 to a total prison term of six years, consisting of the aggravated term of five years for the robbery and an additional year for the prison enhancement. Appellant filed a timely notice of appeal on September 27, 2012.

STATEMENT OF FACTS

Jerry Maggio testified that on April 8, 2012, between 11:00 and 11:30 p.m., he was standing outside the side of the Safeway in Clearlake eating some cereal. He noticed a car pull up to the front of the store and saw two people get out. Appellant, with whom Maggio had gone to high school, got out and walked toward the front of the store while the driver stood by the back of the vehicle. About six minutes later, appellant walked up to Maggio and, without saying anything, punched him in the face. Maggio fell. Appellant grabbed his jacket with both hands, shook him, and said loudly, “Give me your money.” Maggio…