People v. Thomas CA6

I. Statement of Facts

A. Prosecution Case At about 9:00 p.m. on March 23, 2009, Nelson Martinez, Omar Nava Carrillo, Raul Martinez, Marisela Maria Mercado Vargas, and Maria Del Pilar Garduno were working at a Burger King restaurant in San Jose when two armed men entered. One of them pushed Carrillo towards the office and demanded money from the safe. Carrillo gave him $7,930. According to Carrillo, this robber was wearing black pants, a blue sweatshirt, and gloves. Though Carrillo could not see the robbers’ faces, he described their skin as “dark.” Neither robber was wearing a hat. The other robber grabbed Raul’s3 back, led him to the cash register, and told him to open it. According to Raul, the robber’s face was covered, and he was wearing gloves and a black jacket. When Raul was unable to open the cash register, the robber demanded Raul’s wallet. Raul gave him his wallet, which contained $400. The robber then told Raul to go to the back of the restaurant. Garduno saw the armed robber behind Raul, but could not see his face. The robber ordered Garduno, Nelson, and Vargas to go to the back of the restaurant. According to Nelson, the robbers were wearing long, black rain coats…