People v. Mitchell CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In August 2013 and December 2013, defendant and a companion entered two different One West Bank locations in Los Angeles. Each time, they ordered bank employees, at gunpoint, to lie on the ground. They made away with $73,740 in cash from the August robbery and $63,800 in cash from the December robbery.

II. Procedural History

As to the first robbery, the People charged defendant with three counts of second degree robbery (§ 211) and alleged his personal use of a firearm during the robbery (§ 12022.53, subd. (b)), for each of the three victims inside the first bank. As to the second robbery, the People again charged defendant with three counts of second degree robbery and again alleged his personal use of a firearm during that robbery, as to each of the three 2 victims inside the second bank.

As to each robbery, the People also alleged an enhancement based on the amount taken. During defendant’s first appeal, we concluded that the trial court erred in instructing the jury on this enhancement for one of the robberies, and on remand the trial court reduced defendant’s sentence by one year. The People also charged Mitchell…