People v. Williams CA1/3

Background Defendant was charged with robbery (Pen. Code, §§ 211, 212.5, subd. (c)), 1 attempted robbery (§§ 211, 212.5, subd. (c), 664), and assault with a deadly weapon (§ 245, subd. (a)(1)). The information alleged that during the commission of the robbery and attempted robbery defendant personally used a deadly weapon within the meaning of section 12022, subdivision (b)(1), and that the assault was a serious felony within the meaning of sections 667 and 1192.7. It was further alleged that in the commission of the charged offenses defendant violated the terms of the probation to which he was subject.

1 All statutory references are to the Penal Code unless otherwise noted.

1 Finally, it was alleged that defendant was eligible to be sentenced to state prison as specified in section 667.5. At trial, Mahesh Balley testified that he was working at his 7-Eleven store in Bay Point when a man entered, showed him a knife, and told him to get on the floor. Balley complied. The man jumped over the counter and stuffed lottery tickets into a bag and then moved to the rear of the store. Two customers, Theresa Bestul and Kenneth Jones, were in the rear of the store when the man approached…