People v. White CA4/3

FACTS

The charged robbery took place at a bank in La Habra. Two persons entered the bank. The manager, Sergio Bonilla, saw defendant approach, wearing a mask, with a gun in his hand. Bonilla testified he could not tell what kind of gun it was, but it appeared to be a semiautomatic. The second robber jumped over the counter and demanded money. Defendant remained at the counter and told everyone not to move, to cooperate, to be quiet, and not to press the alarm. The second robber approached two tellers and took money from them. One of the tellers also stated she believed the gun to be real but admitted to a lack of experience with guns and had never seen a semiautomatic up close. The tellers testified they were scared for their lives. After obtaining the money, the two men left the bank. Defendant was later identified through DNA evidence on a recovered ski mask.

DISCUSSION

1. Substantial evidence supports the gun enhancement. Although all three bank employees who testified they believed the gun used by defendant was “real,” rather than a replica or a toy, and two tellers testified to having been in fear of their lives, none had sufficient experience with guns to state…