Gefrerer

Filed 6/6/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082223

Plaintiff and Respondent,

v. (Super. Ct. No. BAF2101033)

AARON STERLING GEFRERER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Timothy F. Freer, Judge. Affirmed. Arthur Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Joshua Trinh, Deputy Attorneys General, for Plaintiff and Respondent.

The People charged Appellant Aaron Sterling Gefrerer with two counts of robbery of two banks. On each occasion, the perpetrator calmly handed a note to the teller demanding $5,000 and stating, “Don’t play.” Both tellers testified at trial that they were afraid and gave the perpetrator the money. Gefrerer purposely did not request an instruction on the lesser included offense of grand theft because it conflicted with his defense that he was not the perpetrator of the robbery.…