Posted On: February 23, 2009 by Mary Frances Prevost

CALIFORNIA CRIMINAL DEFENSE: ONE ROBBERY, HOW MANY VICTIMS?

How many counts can we come up with? One potato, two potato, three potato?

The defendants robbed a McDonald's. (OMG, why?) Two of the employees saw the robbers with guns and hid throughout the robbery. The robbers forced the manager to open the safe
and give the robbers the money, which hich had a tracking device which led the police to the defendants.

So is this three counts of robbery or only one? Of course, the Supremes say that it's three. Constructive possession, they say, yada, yada, yada. Just to show you how absurd this is, one defendant was sentenced to 116 years to life.

People v. Scott; 2009 DJ DAR 2347; DJ, 2/20/09; Cal. Supremes