People v. Berry CA2/6

Facts The following summary of the facts is taken from our unpublished 2006 opinion, Berry, supra, slip opin. at pp. 2-3: Three persons were involved in the commission of the robbery – appellant, James Durbin, and George Berry. Appellant and Durbin entered a store and “looked around.” Appellant made a purchase. They exited the store, but about 10 minutes later George Berry and Durbin entered the store wearing masks. Appellant “stood outside . . . as a lookout.” “‘[T]he victims [inside the store] were thrown to the floor, kicked, handcuffed, threatened with a knife and revolver, and [they] screamed.’” “‘Brandishing a large bowie knife, Durbin kicked and handcuffed the store owner, Shu-Ying Chen. George Berry pointed a revolver at Chen’s husband, . . . ordered him to the front of the store and pushed him down. [Husband] tried to remove his fanny pack and pled, “I’ll give you money, I’ll give you money.”’” “‘George Berry fired three shots, killing [husband].’” A witness “saw a . . . man pace back and forth in front of the store doorway during the robbery. The man peered into the doorway twice . . . and fit [appellant’s] description . . . .”

S.B. 1437

“Under the felony-murder rule…