P. v. Allen CA3
At defendant Anthony Lee Allen’s jury trial, witnesses testified to defendant entering a liquor store on October 5, 2020, taking food and a drink, and walking out without paying. When he was confronted by two store employees, one wielding a bat, defendant took out a gun and pointed it at the employees, who backed off; defendant then biked away. Video of the incident from the store’s surveillance cameras was shown to the jury.
The jury found defendant guilty of two counts of second degree robbery, finding true for each that he personally used a firearm, and one count of felon in possession of a firearm. The trial court conducted a bench trial on defendant’s prior conviction and found beyond a reasonable doubt that he had been convicted of a prior strike offense.
At the sentencing hearing on May 19, 2021, the trial court stated: “[B]ased on [defendant’s] record, not so much the circumstances of the offense, but on his record, I’m looking at upper term doubled
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