People v. Brew

Opinion

FEINERMAN, P. J.

—After a jury trial, defendant Jerry Lydell Brew was convicted of three counts of kidnaping (Pen. Code, § 209) and three counts of robbery (Pen. Code, § 211). Firearm use allegations relating to each of

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the six counts were found to be true as well as a value allegation as to one of the robbery counts (Pen. Code, §§ 12022.5, 1203.06, subd. (a)(1), and 12022.6, subd. (a)). Defendant’s motion for a new trial was denied and he was sentenced to life in state prison with the possibility of parole on the three kidnaping counts, the sentences to be served concurrently. As to the remaining counts and all special allegations, the court ordered execution of sentence to be stayed with the stay to become final upon completion of sentences on the kidnaping counts.

Background

Peter John Balk was a self-employed merchant who sold Snap-On tools from a large truck. On October 28, 1982, at approximately 9 a.m., he was parked on Prairie Avenue and was standing in the truck with Carlos Diaz and Hwang Kim when defendant and another person entered the vehicle. The defendant was carrying a gun and ordered everyone to get down on the floor. Defendant’s companion then drove the truck away. After 10 to 20 minutes had elapsed, the truck was stopped and Balk, Diaz and Kim were ordered to stand up and were relieved of their valuables. Included in the items taken were wallets, watches and rings. Balk’s pocket money and beeper were also taken. The three victims were then “kicked out” of the truck. At trial, each of the three victims identified the defendant as one of their assailants.

Balk’s truck was recovered later that same day. It had been ransacked. A rental truck was parked nearby in which were found several Snap-On tools which had come from Balk’s truck. Defendant was observed by police near the Snap-On truck. When Officer Douglas Kershaw approached him, the defendant ran away. The defendant was apprehended and taken to the police station. During the booking search, Kim’s ring and a key chain bearing the inscription “Snap-On” were found on defendant’s person.

Defendant testified that he knew that the Snap-On truck was stolen, but he stated that he had nothing to do with the robbery. He also admitted that he knew that the ring in his possession was stolen. However, he claimed that he had purchased the ring for $20 from some person who was near the truck. Defendant further testified that he saw the Snap-On key chain on the dashboard of the truck and picked it up and put it in his pocket because he believed that the keys might unlock something in the truck.