People v. Arbee

Opinion

CALDECOTT, P. J.

Stacy James Arbee appeals from a conviction of violation of Penal Code section 211.

1

Appellant was charged with and admitted a prior 1971 burglary conviction.

On March 4, 1981, appellant was sentenced to the upper term of four years for the robbery, plus one year for the prior separate prison term.

On or about April 15, 1982, the abstract of judgment was amended, increasing appellant’s sentence by one year to an upper term of five years for the robbery, plus one year for the prior separate prison term.

On December 18, 1979, Otis Henley was working as cashier in a 7-Eleven Store at 2200 Bay shore, San Francisco, when a blue and white Cadillac pulled

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up in front. After a couple of minutes, a woman got out of the car, entered the store, and asked Michael Turner, another cashier, for a pack of cigarettes. As she was buying the cigarettes, appellant got out of the car and entered the store. Appellant walked to the counter, stood next to the woman, and raised his coat. Henley saw that appellant had his hand on a gun that was in his waistband. Appellant looked into the open cash register and said, “You don’t have much but I’ll take what you got. ” Henley told Turner to give appellant the money. Turner then gave appellant about $70 or $80. Appellant and the woman left the store together and got into the car. The woman drove and appellant sat in the passenger side. Henley wrote down the license plate number and gave it to the police. He also gave the police a description of the robbers, a white woman and a black man (appellant). Michael Turner essentially confirmed Henley’s testimony.

Shortly after the robbery, San Francisco police officers took Henley to the projects on Army Street, where he saw appellant and his woman companion in another police car. Henley also saw the car that had been used in the robbery.

Officer Van Winkle, who was apparently accompanied by Officer Sweeney, went to the Army Street projects and saw the Cadillac in the parking lot. Van Winkle stopped behind the car and saw that there were two people inside. A white woman, Ms. Dominici, was on the driver’s side, while a man, appellant, was on the passenger side. Van Winkle shined his spotlight into the Cadillac and saw that both had money in their hands. Appellant turned, looked at the officers, and reached under the dashboard with his right hand. Van Winkle got out of his car, drew his service revolver, and approached the Cadillac. Van Winkle ordered them out of the car, and they complied. Both still had money in their hands. There was also money dropping onto the pavement. The officers got $21 from Dominici and $59 from appellant. Before the Cadillac was towed, Van Winkle checked the car and found a homemade toy handgun under the dashboard.