Panfili
People v. Panfili
Opinion
Lead Opinion
Scott, J.
On May 26, 1982, appellants Albert Milton Panfili and Anthony Vincent Drago each pleaded guilty to two counts of robbery (Pen. Code, § 211) and use of a firearm (Pen. Code, §§ 12022.5, 12022, subd. (a)). Each was sentenced to state prison. The guilty pleas were entered after appellants’ motion to suppress evidence under Penal Code section 1538.5 was denied, and the People’s motion under Penal Code section 1538.5, subdivision (j), to overturn the magistrate’s order suppressing evidence was granted.
I
On October 4, 1981, the Stop ’N Go Market in Concord was robbed. The cashier identified appellant Panfili as the man who held him up at gunpoint and escaped with $45 to $50. A passerby observed a man run out and get into what appeared to be a brown Pontiac Catalina. The car, driven by another, sped off.
Later the same evening, a Pleasant Hill 7-Eleven store was robbed: Appellant Drago was positively identified by a store employee as the robber. Another 7-Eleven store, in Concord, was robbed two days later. Appellant Panfili was again identified as the perpetrator of the crime. The employee making the identification had given the robber a number of marked bills, including a…