People v. Austin CA2/6

FACTS AND PROCEDURAL HISTORY

The relevant facts are recited from our 2003 unpublished opinion affirming the convictions of Austin and his codefendant Steven Lee. (People v. Lee (June 30, 2003, B154641) [nonpub. opn.].) Lee and Austin entered Anthony’s Jewelers in Santa Maria wearing wigs, hats, fake beards, heavy jackets, and black boots. When the owner’s son, Jeffrey Shreves, asked if he could help them, they said they were just browsing. After looking into all the display cases, they left. Shortly thereafter, appellants returned, feigning interest in a bracelet. The third time appellants entered, they asked to speak to the store’s owner, Anthony Chaparro. Chaparro became frightened and asked his son to write down a license plate number if anything should happen. Chaparro asked two other employees to stay near panic buttons. Chaparro asked appellants if he could help them. Appellants did not respond, so Chaparro asked appellants, “What the fuck do you want?” Austin

2 replied, “fuck you.” Chaparro retorted, “get the fuck out of my store.” As appellants appeared to be leaving the store, Lee whirled around, grabbed Shreves from behind, and threw him to the ground. Lee pulled a…