People v. Harvey CA3

BACKGROUND

In 2016, defendant robbed a restaurant while four employees were present. (People v. Harvey (Sept. 20, 2022, C093328) [nonpub. opn.].) He ordered three employees at gunpoint to move to a back office where the manager was located and threatened to kill the manager if she did not open the safe. (Ibid.) When the manager was unable to open the safe, defendant took money from a nearby cash box, ordered the employees to remain in the office, and fled the scene. (Ibid.) A jury found defendant guilty of four counts of robbery (§ 211, counts one through four), one for each employee present, and three counts of kidnapping for robbery (§ 209, subd. (b), counts five through seven), one for each employee ordered at gunpoint to the back office. The jury found that defendant personally used a firearm during the commission of each offense. (§ 12022.53, subd. (b).) The trial court sentenced defendant to an aggregate determinate term of 43 years in prison, plus an indeterminate term of seven years to life; it declined to strike any of the firearm enhancements, although it stayed the sentences on counts two through four under section 654. According to the sentencing minutes, while the…