People v. Burnes CA2/2

BACKGROUND

In an amended information, defendant was charged with three counts of second degree robbery, in violation of Penal Code section 211.1 After a jury trial, defendant was found guilty as charged. The trial court sentenced defendant on count 1 to the upper term of five years in prison, with a concurrent five-year term each for counts 2 and 3. The court imposed mandatory fines and fees, and ordered defendant to pay direct victim restitution in the stipulated amount of $3,579. Defendant was given 61 days of presentence custody credit, consisting of 53 actual days and 8 days of conduct credit. Defendant filed a timely notice of appeal. Prosecution Evidence On the morning of March 30, 2013, defendant’s brother Pierce Burnes (Pierce) committed a robbery at the Radio Shack store on Palmdale Boulevard in Palmdale. The store’s assistant manager, Stephanie Contreras (Contreras) saw Pierce sitting on a nearby curb when she arrived to open the store. Just before 9:00 a.m., Pierce entered the store, pointed at Contreras what appeared to be a real gun (but was not), and stole cash, headphones, and tablet computers. He then bound Contreras’s hands with zip ties and left through the back…