People v. Perlman CA1/3

BACKGROUND

The prosecution charged Perlman with second degree robbery (§ 211) and commercial burglary (§§ 459, 460, subd. (b)) and alleged Perlman used a firearm in the commission of the robbery (§§ 12022, 12022.5, 12022.53). Perlman’s first trial ended in a mistrial after the jury was unable to reach a verdict. A. In 2015, Jose M., M.M., and Bryce L. worked at a pharmacy in a Corte Madera shopping center. The pharmacy stored controlled substances—

Although the verdict form for the allegation under section 12022, subdivision (b)(1) expressly referred to the deadly weapon as a “firearm,” defense counsel referred to the weapon as a BB gun or a “replica” firearm. We therefore refer to the weapon used in the robbery as a weapon. Perlman does not challenge the sufficiency of the evidence supporting the deadly weapon enhancement. (Upshaw v. Superior Court (2018) 22 Cal.App.5th 489, 504, fn. 7 [appellate court need not consider issues unsupported by cognizable legal argument or citation to authority].)

2 including Oxycodone and Percocet—in a locked cabinet. Only Bryce, the pharmacist, had a key to the cabinet. At 1:00 p.m. on an April 2015 afternoon, a man carrying what appeared to be…