People v. Harris CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In the early morning hours of September 16, 2020, Harris entered the convenience store area of a gas station and demanded that the cashier give

Unless otherwise indicated, all further statutory references are to the Penal Code. 2 him all the money from the cash register. Harris had a gun that he held by his side and showed to the cashier. After the cashier denied being able to open the register, Harris stated that the cashier had five seconds to open the register. The cashier then opened the register and gave Harris the money. As another employee approached, Harris took the money and left. The gas station’s surveillance video of the robbery was played for the jury at trial. The video depicts the interaction between Harris and the cashier, but it does not have any audio. Police used surveillance video from a business across the street, which showed the license plate of Harris’s vehicle, to identify Harris and arrest him two days later. An Intratec TEC-9 assault firearm was found in Harris’s vehicle, matching the type of firearm used during the robbery. Harris was charged with one count of robbery (§ 211), with the further allegation that…