People v. Mack CA2/3

BACKGROUND

The following facts are taken from the opinion of a different panel of this Division in People v. Washington (2005) 127 Cal.App.4th 290. In April 2002, Mack and his codefendant Mark Johahn Washington committed a take-over robbery of a bank. During the robbery, Mack struck a teller in the face and threatened other bank employees with what appeared to be a handgun wrapped in a bandana. Washington pointed a shotgun at the bank manager’s head, demanding that she open the bank vault. Mack and Washington took the cash from the vault and fled. (People v. Washington, supra, 127 Cal.App.4th at pp. 295–296.) Shortly after the robbery, sheriff’s deputies found Mack and Washington in a house nearby. The deputies recovered $128,835 in cash, including five marked bills the bank previously had

1 People v. Franklin (2016) 63 Cal.4th 261 (Franklin). 2 All further statutory references are to the Penal Code.

2 recorded in the event of a robbery. A loaded shotgun was found in the bathroom closet. (People v. Washington, supra, 127 Cal.App.4th at p. 296.) An amended information charged Mack with two counts of kidnapping to commit robbery (§ 209, subd. (b)(1)), three counts of robbery…