People v. Pennello CA4/2

FACTS AND PROCEDURE

On the morning of November 10, 2011, defendant made a purchase and then

loitered around the inside and outside of a bakery shop. The employees believed he

might be on drugs. The owner and employees became concerned, so the owner

approached defendant and asked if she could help him. Defendant left the shop, but

eventually returned. Defendant walked up to the cash register with his right hand in his

pocket, as if he had a gun. He told the owner in a loud and aggressive voice, “Open your

fucking drawer. I want your money.” The owner told him, “No.” Defendant then said,

“You’re a bitch. Will you fucking open the drawer and give me your money?”

Defendant left the store when the owner told one of the workers to call police.

At the police station, defendant told the interviewing deputy that he was sorry for

the incident and, after prompting, wrote an apology letter to the store owner.

On November 30, 2011, the People filed an information alleging defendant

committed attempted second degree robbery (Pen. Code, §§ 664, 211).1 The People also

alleged defendant had six prior strike convictions (§§ 667, subd. (b) & 1170.12, subd.

(a)), eight serious felony…