People v. Avery CA2/5

I. INTRODUCTION

A jury convicted defendant, Ronald Demetres Avery, of two counts each of kidnapping to commit robbery and second degree robbery. (Pen. Code, 1 §§ 209, subd. (b)(1), 211.) The trial court found defendant had sustained two prior convictions within the meaning of sections 667, subdivisions (a)(1) and (b) through (i), and 1170.12. Defendant was sentenced to 60 years to life in state prison. We modify the judgment. Upon remittitur issuance, there will be additional sentencing actions that must be taken.

II. THE EVIDENCE

Defendant and an accomplice accosted two Lowes Hardware Store employees— Kevin Hopp and Lindsay Noordman—as they prepared to unlocked the exterior doors to the business. It was 5:15 a.m. The building was located on Carmenita Road near Interstate 5 in Norwalk. It was adjacent to a public parking lot. Ms. Noordman testified defendant’s accomplice forced her at gunpoint up against an exterior wall and took her cellular telephone. Defendant ordered Mr. Hopp to: unlock and open the exterior doors; open a second set of doors; disarm the alarm system; and relock the exterior doors from the inside. Defendant told Mr. Hopp to, “[G]o to the cash room.”…