People v. Von Villas

• Decision Date: 09 October 1992
• Docket Number: No. B033751,B033751
• Citation: 10 Cal.App.4th 201,13 Cal.Rptr.2d 62
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Robert Anthony VON VILLAS et al., Defendants and Appellants.

Page 62

13 Cal.Rptr.2d 62

10 Cal.App.4th 201

The PEOPLE, Plaintiff and Respondent, v. Robert Anthony VON VILLAS et al., Defendants and Appellants.

No. B033751.

Court of Appeal, Second District, Division 7, California.

Oct. 9, 1992.

Certified for Partial Publication ^*

Rehearing Denied Nov. 5, 1992.

Review Denied Jan. 14, 1993.

Certiorari Denied June 14, 1993.

See 113 S.Ct. 2970.

[10 Cal.App.4th 212] Russell Iungerich, Los Angeles, under appointment by the Court of Appeal for defendant and appellant Robert Anthony Von Villas.

Mark D. Greenberg, Berkeley, Cal., under appointment by the Court of Appeal for defendant and appellant Richard Herman Ford.

Daniel E. Lungren, Atty. Gen., George Williamson, Chief Asst. Atty. Gen., Carol Wendelin Pollack, Acting Asst. Atty. Gen., Marc E. Turchin, Supervising Deputy Atty. Gen., and Stephen M. Kaufman, Deputy Atty. Gen., for plaintiff and respondent.

FLYNN, Associate Justice (Assigned). ^**

I PROCEDURAL BACKGROUND

Robert Anthony Von Villas and Richard Herman Ford were charged in a sixteen count information filed on October 14, 1986. For convenience, the information shall be considered as charging three separate sets of counts: The Loguercio conspiracy to commit murder counts; the Schaffer & Sons jewelry store robbery counts; and the Weed murder counts. The third set of counts involving the murder of Thomas Weed was severed from the information and tried separately. This opinion relates only to the first two sets of counts.

A. The Loguercio Conspiracy and Attempted Murder Counts

Both defendants were convicted by jury of conspiracy to commit murder (Pen.Code §§ 182/187; [all statutory references are to the Pen.Code unless otherwise indicated] ). The charge contained 31 overt acts and named Joan Loguercio as the target. They were also convicted of the attempted murder of Ms. Loguercio on June 17, 1983, as well as on July 7, 1983 ( §§ 664/187). Charges that a principal was armed with a firearm were found to be true as to both defendants. ( § 12022(a).)

Von Villas was acquitted of a charge that he attempted to administer stupefying drugs in committing the attempted murder of Ms. Loguercio ( § 222), while Ford was convicted of that charge.

B. The Schaffer & Sons Robbery Counts

Sue Martin, Theresa McKinney and Marilyn Lance Klass, employees of Schaffer & Sons jewelry store, were victims of the three robbery charges for which both defendants were convicted ( § 211). The defendants were also convicted of conspiracy to commit the robberies ( §§ 182/211) and the special allegations that a principal was armed during the three robberies were found true ( § 12022(a)). Ford was found to have personally used a firearm ( § 12022.5) to the three victims, and, again, that the property taken during the assaults was of a value exceeding $100,000.

The jury found both defendants took property worth more than $100,000 ( § 12022.6). Both defendants were also convicted of felony false imprisonment charges as to each of the three victims ( § 236). As to the false imprisonment charges, the jury found that both defendants took funds and property worth more than $100,000; that a principal was armed with a firearm ( § 12022(a)), and that Ford personally used a firearm ( § 12022.5). Finally, the jury found both defendants had committed assaults with a firearm ( § 245(a)(2)) as

C. Sentencing

Von Villas was sentenced to a term of 35 years to life, while Ford received 36 years to life. They appeal from their convictions below.

II FACTS

A. The Robbery of the Schaffer & Sons Jewelry Store

On Monday, November 22, 1982, at approximately 8:45 p.m., manager Sue Martin, assistant manager Marilyn Lance (nee Klass), and merchandise coordinator Theresa McKinney were preparing to close the Northridge Mall branch of Schaffer & Sons, a jewelry store. A man entered, placed a black brief case on the counter, retrieved a handgun from it, and pointed it at the three women. He forcefully herded them into the restroom and, after warning them that he was going to tie them up, stated, "Hands behind your back, palms together." By this time Ms. Martin realized she had dropped her key ring which contained means of access to the safe room as well as the jewelry counters.

The bandit told all the women that his partner had a police band radio that would notify them in advance if any of the women pushed an alarm. He closed the door and, for the next 20 minutes, the women heard scuffling or rattling in the shop. The intruder then opened the door, said, "O.K., Ladies?," and shut the door.

None of the women saw the alleged accomplice.

Upon reentering the store, the women noticed that it appeared closed for the evening, with the display cases covered with their usual blue or white drapes and the front accordion door pulled closed. Ms. Martin's key ring could not be found, and the door to the safe room was open. This was unusual, since it was closed and locked during business hours. Metal containers which had stored loose diamonds in individual diamond papers or bindles were empty, and the money which Ms. McKinney was counting was missing. Many trays had been dropped, and a number of finished pieces of jewelry, including ladies fashion rings and mountings, were gone. Brass mountings, on display as samples, were also missing. The entire inventory of loose diamonds could not be found. The police arrived later that evening to take reports.

The bandit, later identified as Ford, wore a dark overcoat, appeared to be in his late forties, was of large frame, and stood about six feet tall. He appeared to be wearing a full artificial beard which was very neatly trimmed and "salt-and-pepper" in color. His hair also appeared not to be real because it, like the beard, was too well trimmed and too cleanly lined. His ruddy complexion was medium and of uneven texture. During the robberies, he was wearing flesh-colored surgical gloves.

Marie Chodkowski, with her daughter Michele, had parked their car at the Northridge Mall at approximately 7:30 p.m. on the evening of the robbery. After shopping, they returned to the car at approximately 8:55 p.m. and noticed two men, later identified as Von Villas and Ford, standing in a parking area. Ms. Chodkowski thought Von Villas and Ford were made up like movie characters, and noticed that both looked away as she and her daughter approached. After placing their packages in the car, Ms. Chodkowski and her daughter observed that Ford, the bearded man in the dark overcoat carrying a black briefcase, was gone, and that Von Villas, also bearded Mr. Castro, one of the three security guards who appeared at the jewelry store, observed that the accordion door was not closed, and that a white male, matching Chodkowski's description of Von Villas, was in the store covering the display counters. Mr. Castro was asked by the male if there was anything he could do for him, to which Mr. Castro replied "no." Mr. Castro detected nothing unusual in the store.

and mustachioed and wearing a tan overcoat, was entering the mall. Ms. Chodkowski felt it strange that these men would enter the mall at closing time. She and her daughter decided to follow them. They observed Von Villas enter the Schaffer & Sons store and close its accordion doors as he removed his tan overcoat. They could not see into the store, but continued to observe, as they notified someone to contact security. After three security guards appeared and departed, Ms. Chodkowski and her daughter observed Ford and Von Villas, wearing their respective overcoats, with Ford carrying the black briefcase, leave the store. Ford pulled the doors closed as he left. Von Villas was observed to peel off a pair of what appeared to be surgical gloves and place them in his pocket. The two headed toward the parking area. The Chodkowskis then went home and called the police to report what they thought was a robbery.

Mr. Laguna, one of the three security guards, also observed two men in the jewelry store conducting themselves as though they were employees closing the store. They were removing jewelry from the display cases, but Mr. Laguna could not see where they were taking it. Assuming all was well, in spite of the fact that he had never seen the two men before, he left to complete his rounds.

With respect to the opinions of several witnesses that Ford and Von Villas wore wigs and other disguises on the evening of the jewelry store robbery, the prosecution called Mr. Robert Fuller, an actor and an acquaintance of Von Villas's. Sometime during October of 1982, shortly before the robbery, Von Villas telephoned Fuller and told him he, Von Villas, was going undercover and needed a makeup man who could provide a disguise. Mr. Fuller referred Von Villas to Mr. Jack Stone, a makeup man with significant experience. Mr. Stone then contacted Darlis Chefalo, an expert wig designer, and advised her that he needed wigs made for two undercover federal narcotics officers. She agreed to accept the job, and Mr. Stone accompanied Von Villas and Ford to her house where they were introduced as Dick and Bob. She arranged to purchase wigs for them, while Mr. Stone acquired beards and moustaches. The wigs were treated so as to make Von Villas and Ford appear older by use of a salt and pepper appearance. In working to perfect the disguise, Ms. Chefalo applied dark makeup on both men three times, the last time being on November 18, 1982. Extra makeup was provided, so the men could create the disguises themselves. She had suggested to them that Mr. Lotito, a true makeup expert, would be more skilled in changing their appearances, but Von Villas refused to let anyone but Ms. Chefalo do the makeup. As they left her house on November 18th, Von Villas and Ford told her to forget she had ever seen them.

Although there were difficulties encountered by Schaffer & Son employees in presenting an accurate inventory of each item taken during the robbery, Ms. Martin had taken inventory on October...