People v. Mosley CA6

I. FACTUAL AND PROCEDURAL BACKGROUND1

On the afternoon of August 27, 2012, defendant (then 20 years old) and Glenn Johnson robbed a Wells Fargo bank in San Jose. During the robbery they wore ski masks and brandished firearms. One of the men jumped over the teller counter and demanded cash from the tellers, which he put in a pillowcase. There were seven bank employees and two customers present during the robbery. The men fled the scene in a stolen vehicle, which they abandoned a short distance away. They continued to flee on foot. San Jose police arrested defendant as he fled. His shoes resembled those of the robbery suspect who jumped over the teller counter, as seen on a video of the robbery. A pillowcase containing $9,847 in cash and a loaded gun was recovered nearby. Shortly thereafter, police stopped a vehicle registered to defendant. Martel Williams was driving the vehicle and Johnson was in the passenger’s seat. Williams and Johnson were arrested. Police determined that all three suspects were documented members of the East Coast Crips gang and were from Los Angeles. Each man had tattoos associated with the East Coast Crips. Williams told police an older member of the…