People v. Webb CA1/4

I. BACKGROUND

On August 2, 2012, at around 8:30 p.m., defendant Kenneth Webb and co- defendant William Barnes robbed a Shell gas station and convenience store in San Leandro. Barnes stayed by the door while defendant came behind the counter and stood within two feet of the cashier, 20 year old Josue Rodriguez. Rodriguez looked down and saw a handgun in defendant’s hand, which defendant kept at his side by his right hip. Defendant ordered Rodriguez to “ ‘empty the register.’ ” Rodriguez opened the register and placed the money inside on the counter. Barnes came to the counter and put the money into a bag. The two men then left the store. A jury convicted defendant of one count of second degree robbery and found that he personally used a firearm within the meaning of section 12022.53, subdivision (b), which defines “ ‘firearm’ ” as “a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.” (§§ 12001; 16520, subd. (a).) The information alleged that defendant had two previous robbery convictions for which he had served two prison terms, and he admitted those convictions. Defendant was…