California Court of Appeal, Sixth District
WL 1899400 (2005)
On bicycles, Robert Fitzgerald Brown (defendant) and Jacob Dinino (defendant) approached a vehicle parked at a gas station occupied by high school students, Michael G. and his friend, Mohammad. The students were eating a snack prior to attending football practice. After forcing both students to get out of the car at gunpoint, Brown searched the center console of the car and took $50. Defendants then rode off. Brown was charged with using a handgun during the commission of (1) second-degree robbery of Michael and (2) false imprisonment of Mohammad. At trial, Michael testified that he got out of the car because he was afraid he would be shot and Mohammad felt threatened by Dinino and did not feel free to leave. Brown was convicted on both counts and he appealed.
Rule of Law
Holding and Reasoning (Duffy, J.)
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