People v. Fox CA5

FACTS

Prosecution Evidence At 7:00 p.m. on April 14, 2012, Vickie Lucas was working at Cigarettes 4 Less. Appellant was a regular customer. Lucas was working alone. Appellant entered the

Appellant waived her right to a jury trial for the on-bail enhancement, which was found true in a bifurcated proceeding at conclusion of the trial. Appellant was also sentenced to consecutive prison terms of one year eight months on two other unrelated criminal actions for a total prison term of 17 years 4 months.

2. store, threw a purple and gold Crown Royal bag on the counter, and demanded money. Appellant said, “I gotta do it, hurry up.” Lucas moved to the register and replied, “Please don’t do this, you don’t have to do this, please don’t do this.” Lucas pushed a panic button next to the register several times as she was talking. Appellant waived a black gun and said, “Hurry up before it gets ugly.” Lucas opened the register and gave appellant money. Appellant placed the money in the bag and ran out of the store. Lucas locked the store and called 911. Lucas reviewed video footage of appellant’s robbery with the jury, which was admitted into evidence. Visalia Police Officer…