People v. Sherard CA2/2

BACKGROUND

In an amended information, defendants were jointly charged in count 1 with the second degree robbery of Edwin Hernandez (Hernandez)1 in violation of Penal Code section 211.2 Mills alone was charged in counts 2, 3, 5, and 8, as follows: carrying a loaded unregistered handgun in violation of section 25850, subdivision (a) (count 2); possession of a firearm by a felon in violation of section 29800, subdivision (a)(1) (count 3); the second degree robberies of Karina Lo (Karina)3 and of Elizabeth Bacher

Count 1 alleged that the victim of the robbery was Edwin Hernandez, but he testified that his name was Edin Hernandez.

All further statutory references are to the Penal Code, unless otherwise indicated.

As Karina Lo and her sister Cassandra Lo both testified at trial, we refer to the sisters by their first names to avoid confusion and not out of a lack of respect.

2 (Bacher), in violation of section 211 (counts 5 and 8). In count 13, Sherard was charged with attempting to dissuade a witness, in violation of section 136.1, subdivision (a)(2).4 In addition, the amended information alleged that the robbery charged in count 1 was committed for the…