People v. James CA2/3

facts has been taken from the transcript of the preliminary hearing held with regard to the alleged robberies and attempted robbery. 4 When the witness was asked to spell her name she indicated it was “M-o-n-g-o-m-e-r-y.” However, in the transcript of proceedings it is spelled “M-o-n-t-g-o-m-e-r-y.”

2 able to open both safes and, after one of the men grabbed a bag from the store, the men took the money from the safes, placed it in the bag, told Montgomery, who was sitting on the floor with her head down, to count to 100, then left the store. Montgomery counted to 10, then pushed the “panic buttons” and telephoned her store supervisor. Montgomery made the call from the store phone because her cellular telephone was missing. Montgomery later identified her phone when it was shown to her by a police officer. At approximately 8:00 p.m. on August 20, 2012, Adriana Garay was working as the cashier at the Juan Pollo restaurant in Pomona. Two African-American men wearing bandanas, black hats and black shirts came into the restaurant and, although Garay was not standing by the register at the time, the men approached her. One of the men placed a gun next to Garay’s back and walked her to…