Roe

FACTS

The indictment against Williams contained nine counts based on three separate incidents. Counts 1 and 2 (robbery) and counts 3, 4, and 5 (kidnaping for robbery) stemmed from a June 1996 incident at a Kragen Auto Parts Store in San Ber- nardino. Williams entered the store, pointed a gun at the clerk, and stated “This is a robbery” and “Give me all the money.” After the clerk put money into a box, Williams instructed another employee to carry the box and forced him and two other employees to accompany Williams approximately 200 yards to a parking lot. Williams then took the box and ordered the employees to walk back to the store.

Count 6 (robbery) and counts 7 and 8 (kidnaping for rob- bery) were based on a July 1996 incident at a San Bernardino Radio Shack. Williams showed a gun to two men working at the store and told them it was a robbery. One of the two employees put money from the register into a box and, at Wil- liams’ direction, the two accompanied him approximately 200 hundred feet down the street. Williams then took the box from the employee holding it and instructed the two to return to the store.

An August 1996 incident gave rise to count 9 of the indict- ment…