People v. Keith CA6

Facts and Proceedings Below Given the issues on appeal, briefly, we set forth the evidence adduced at trial. On June 21, 2011, around 11:00 p.m., five employees of Seniore’s Pizza in Santa Clara were closing up the pizzeria for the night. Suddenly, two African-American men, Gilbert Foster and Sean Nevels, entered the pizzeria through the open back door. At gunpoint, Foster and Nevels ordered the employees to get down on the ground; the employees complied. The two men were wearing hooded sweatshirts and gloves; each was wearing a mask. Foster moved Jesus Sanchez to the office and demanded that he open the safe. Sanchez was unable to open the safe because he did not have the key; he told Foster he could not open it. Foster struck Sanchez in the back of the head a couple of times with the gun and Sanchez fell to the ground. Foster dragged Sanchez to the cash registers and made him open them. Foster and Nevels took approximately $1,200 from the cash registers. While the employees were still lying on the ground, Foster and Nevels bound their hands with duct tape and electrical wiring. After being in the pizzeria for less than five 2 minutes, Foster and Nevels fled outside through the…