People v. Brown CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crime In the fall of 1979, defendant and his “lifelong friend,” Lionel Tate (Tate), went on a spree of liquor store robberies. During the lunch hour of November 30, 1979, defendant

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6 (Stats. 2022, ch. 58, § 10). For simplicity’s sake, we will refer to the section by its new numbering only. All further statutory references are to the Penal Code unless otherwise indicated.

Because the convictions here resulted from a plea, we derive the facts of the crimes from the preliminary hearing transcript, which we judicially notice. (Evid. Code, §§ 459, 452, subd. (c).)

2 and Tate entered El Camino Liquor in Long Beach, California. The store was open to customers. Both defendant and Tate were armed with guns. Defendant put a gun to the store owner’s head and announced “it was a holdup” as Tate put a gun to the head of another store employee. Defendant and Tate took the two store employees as well as a few store customers to the store’s back room and ordered them onto the floor using “abusive” language. Defendant and Tate then escorted the…