People v. Sandoval
| Decision Date | 18 November 1994 |
| Docket Number | No. D019002,D019002 |
| Citation | 36 Cal.Rptr.2d 646,30 Cal.App.4th 1288 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Ricky SANDOVAL, Defendant and Appellant. |
Daniel E. Lungren, Atty. Gen., George Williamson, Chief Asst. Atty. Gen., Gary W. Schons, Sr., Asst. Atty. Gen., Robert M. Foster and Bradley A. Weinreb, Deputy Attys. Gen., for plaintiff and respondent.
Ricky Sandoval (Sandoval) was convicted by a jury of eleven armed robberies, one attempted robbery, and attempted murder, with Sandoval's having personally used a firearm on all counts and having inflicted great bodily injury on the victim of the attempted robbery and murder also found true by the jury. In separate proceedings, the court found true allegations Sandoval had suffered two prior prison terms (he was on parole at the time of the present offenses) and also had suffered a prior serious felony conviction. Sandoval now asserts error in the exclusion of evidence, and also claims there were many sentencing errors. As there is no merit in either of these assertions, we affirm the judgment.
During the first three months of 1992, San Diego County businesses were subjected to a one-person reign of terror by Sandoval, who was nicknamed the "Isotoner Bandit" because of his habit of wearing gloves during the commission of many of his armed robberies. Sandoval, who would also change his clothing and appearance to avoid identification, committed more than a dozen such terrorizings of San Diego businesses. Sandoval also attempted to murder one robbery victim who had refused to cooperate with Sandoval's demands.
In the early morning hours of New Year's Day, 1992, Sandoval entered a Chula Vista 7-Eleven store wearing a baseball hat, gloves, glasses, a mustache, and also a black automatic firearm. Sandoval demanded money from the clerk, Russell Richardson, and told him that if he (Richardson) pushed a security button he "would be dead." Sandoval also pointed his weapon at a customer who entered the store, ordering him to the back. Sandoval then fled with his robbery proceeds of approximately $60. Richardson identified Sandoval at a live lineup 2 and at the preliminary hearing.
On the evening of, January 12, Sandoval entered a Pizza Hut store on Mira Mesa Boulevard, where Eric Johnson was the manager. Among other employees present during the robbery were Mike Claros and James Pacheco. Sandoval was again wearing a dark hat, glasses, and a mustache, but was not wearing his gloves. Sandoval pointed his firearm at the employees, ordered them to the rear of the store, and demanded money. After he had obtained about $50, Sandoval ordered his victims into the bathroom. While Johnson was not "absolutely" certain of his identification, both Claros and Pacheco recognized Sandoval from a television report of another robbery, and Pacheco had identified Sandoval at a live lineup and the preliminary hearing, and as the person shown on a surveillance videotape committing the Subway Sandwiches robbery (infra ).
Late on the morning of January 24, Sandoval entered a Pizza Hut store locate on University Avenue, where Bahman Mozaffarian was the manager and Freddy Valenzuela worked as a cook. Sandoval again wore his baseball hat, gloves, and glasses, but was not wearing his (fake) mustache. Sandoval placed a firearm on the counter and, after getting about $80, ordered his victims into the bathroom, threatening them that "if you peek out, then I'll blow your head off." Both Mozaffarian and Valenzuela identified Sandoval at a lineup and at the preliminary hearing.
At about one in the morning on January 13, Sandoval entered Sullivan's AM-PM Mini-market, off Highway 163. Steven Mulligan was alone in the store when Sandoval entered, again wearing a dark hat, glasses, and gloves. Sandoval placed an automatic firearm on the counter and said, "Put the money in a bag." After he had obtained about $130-$140, Sandoval ordered Mulligan into a back room, and fled. Mulligan identified Sandoval at the preliminary hearing.
On January 21, Sandoval entered another store in which there was a clerk working alone, this time a Subway Sandwich store in Rancho Penasquitos. Sandoval was again wearing a hat, glasses, gloves and a fake mustache. Sandoval placed an automatic firearm on the counter pointed at the chest of the clerk, Christopher Marsteller, and thus obtained about $100. Sandoval then ordered Marsteller into the back, threatening to kill him if he came out. Marsteller was positive of his identification of Sandoval at trial and during the lineup and at the preliminary hearing. A surveillance videotape of the robbery was played at trial.
At about five in the morning on January 22, Sandoval entered a Chula Vista 7-Eleven store in which there was a clerk working alone, Louise Laturno. Sandoval was again wearing a hat and mustache. Sandoval threatened to shoot Laturno, and forced her to hand over the muscular dystrophy charity money and its jar. Sandoval then ordered Laturno to the back of the store, again threatening to shoot her. (A videotape of this robbery was played at trial.) On February 10, Sandoval returned to the same 7-Eleven and again robbed Laturno. Laturno identified Sandoval at trial and also identified Sandoval in the lineup and at the preliminary hearing.
At about noon on January 25, Sandoval entered a Party Mania store on Mira Mesa Boulevard in which two clerks were working, Janie Vanderwaall and Devra Rapp. Sandoval was again wearing a hat, glasses, his Isotoner gloves, and had facial hair. Sandoval pointed the gun at Rapp's chest and demanded money, and both women gave Sandoval money from their cash registers. On March 9, Sandoval returned to the Party Mania store in the evening, while Rapp was in the back room and another clerk, Stacee Alexander, was in the front with customers. Sandoval pointed his weapon at a customer's child and then demanded money, after which Alexander gave Sandoval money from her register. Sandoval then ordered Alexander and the customer to the back of the store, and as they entered the back room Rapp recognized Sandoval. While Vanderwaall was uncertain, Alexander was "very sure" of her identification of Sandoval, and Rapp identified Sandoval at trial, and also identified Sandoval during the lineup and at the preliminary hearing.
At about five in the morning on January 29, Sandoval entered an AM-PM store on La Jolla Boulevard in which there was a clerk working alone, James Moore. Sandoval was again wearing his baseball cap and glasses, without the gloves or fake mustache but with his black automatic weapon. Sandoval pointed the weapon at Moore and demanded money. Moore began to comply, but then he slammed the register drawer shut and attempted to reason with Sandoval. Sandoval then fired into Moore's chest from a distance of about a foot, and left the store without any further attempts to obtain money. (At the time of trial the bullet remained in Moore's chest.) Moore identified Sandoval from a videotape of the lineup, and also at the preliminary hearing. A surveillance videotape of the incident was played for the jury.
The jury acquitted Sandoval of one shoe store robbery.
Sandoval told Amado Olson that he had committed many robberies in January and February 1992. Sandoval said he had shot a man in one robbery and thought he was dead, laughing about the shooting as he recalled it. Sandoval told Olson he liked to return and rob the same store again, to see the expressions on the faces of store personnel when they realized he had returned. Sandoval also wanted to return and again rob one pizza parlor.
Sandoval at trial presented the expert testimony of a clinical psychologist, who reviewed the application of many psychological research studies to the question of eyewitness identifications, described instances of false eyewitness identifications, and commented upon those factors which might influence the accuracy of a lineup identification, such as in this case.
The psychologist also proposed to testify that the two lineups 5 conducted prior to trial in this case were unfair because (1) some of the persons in the first lineup were not viable alternative choices and (2) the videotape of the second lineup, which had been seen by the victims of the shoe store robbery (of which Sandoval was acquitted), showed Sandoval in the...
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People v. Wilson
...support for this argument, defendant contends that the robbery and murder were "separate acts" pursuant to People v. Sandoval (1994) 30 Cal.App.4th 1288, 1299, 36 Cal.Rptr.2d 646, and related cases. However, as the Attorney General correctly points out, Sandoval is inapposite because it dea......
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People v. Morrison, F052296 (Cal. App. 3/13/2009)
...Under the circumstances, substantial evidence supports the trial court's decision to impose consecutive terms. (See People v. Sandoval (1994) 30 Cal.App.4th 1288, 1299-1300 [defendant shot victim when victim refused to hand over money; facts supported conclusion attempted robbery was comple......
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People v. Morrison, F052296 (Cal. App. 5/15/2009)
...Under the circumstances, substantial evidence supports the trial court's decision to impose consecutive terms. (See People v. Sandoval (1994) 30 Cal.App.4th 1288, 1299-1300 [defendant shot victim when victim refused to hand over money; facts supported conclusion attempted robbery was comple......
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LEWIS v. EVANS
...is applicable to all uses of a weapon, from the most 'benign' display to the most heinous confrontation. " (People v. Sandoval (1994) 30 Cal. App. 4th 1288, 1301. ) "Whether the gun was loaded or operable is irrelevant. " (People v. Johnson (1995) 38 Cal. App. 4th 1315, 1321. ) "'Although t......