People v. Brown

2005 WL 1899400 (Cal.App. 6 Dist.)

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Nature of the Case

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Facts

Michael was sitting in his car outside of a San Jose gas station with his friend, Mohammad M. They were having a snack before attending their high school football practice. Two individuals approached on bicycles. Brown (D) approached the driver's side of Michael's vehicle; codefendant Jacob Dinino approached the passenger's side and “was mugging, giving dirty looks.” D told Michael to get out of his car and instructed him to act as if he knew D. D put his left arm through the window opening while he was holding what Michael believed to be a gun. Mohammad also observed that defendant was holding a gun. They testified that the gun was mostly covered by a blue bandanna; only one and one-half inches (or less) of the gun barrel were exposed. D pointed the gun at Michael's chest, and he felt “slight pressure” from the gun. Michael was scared by having the gun pointed at his chest. D then took the keys out of the ignition and threatened to throw them on the gas station's roof. Michael then got out of the car because he was afraid that he would be shot. At that point, Dinino opened the passenger door and pulled Mohammad forcefully out of the car by his shirt. D searched the center console of the car where Michael had stored $50.00. He took the money against Michael's will. D threw Michael's keys away from the car. D and Dinino then returned to their bicycles and rode off with D yelling, “‘Little Rob just robbed your ass, bitches.’ “D also mentioned the name of a gang, “Seven Trees Crips.” D was charged with two counts: (1) second-degree robbery and (2) false imprisonment. The information also alleged that D personally used a handgun in the commission of the offenses. D was convicted of both counts, and the jury also found true the firearms allegations applicable to count 1 and count 2. D filed a motion for new trial, which the court denied and D was sentenced to 12 years in prison on count 1 (with the firearms enhancement). D was sentenced to four years and four months in prison on count 2. D filed this appeal.