People v. Landry CA3

Filed 8/11/14 P. v. Landry CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075398

Plaintiff and Respondent, (Super. Ct. No. 12F03126)

v.

LANCE ANDRE LANDRY, JR.,

Defendant and Appellant.

On May 8, 2012, Mykhiylo Hrytsyuk was working as a sandwich maker at a Subway sandwich shop in Sacramento. At about 4:00 p.m., a man, later determined to be defendant Lance Andre Landry, Jr., entered the store and ordered a sandwich. Defendant gave Hrytsyuk a $20 bill after he made the sandwich. When Hrytsyuk opened the cash register, defendant started to push it. Hrytsyuk looked up to see what was happening. He saw defendant holding a gun under a pack of cigarettes.

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Defendant showed the gun to Hrytsyuk. Hrytsyuk gave defendant all of the money in the register and activated the silent alarm. Defendant took the cash and sandwich and left on foot, turning right on Jessie Avenue.

Shortly after the robbery, John O’Neil was in his home near Jessie Avenue when he saw a young man standing in front of a parked car, looking very nervous and suspicious. Next, he saw another man moving quickly to the car, coming from Jessie Avenue. O’Neil took photographs of the men entering the car; one photograph also included the car’s license plate. O’Neil sent the photograph to the police after a helicopter circled overhead and the words “Subway” and “robbery” emitted from its loudspeaker.

The license plate information traced the car to a residence located between one- half to three-quarters of a mile from the Subway. A search warrant was obtained and the ensuing search found $129 cash, a fully loaded .38-caliber revolver, and .38-caliber bullets in a bedroom determined to be defendant’s, but defendant was not there. The home’s refrigerator contained a partially eaten Subway sandwich. An arrest warrant issued, and defendant was eventually arrested in the state of Washington.