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PEOPLE v. ERVIN

Docket No. B099627.

53 Cal.App.4th 1323 (1997)

THE PEOPLE, Plaintiff and Respondent, v. LAVAN ERVIN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

March 28, 1997.

Attorney(s) appearing for the Case

COUNSEL

Patrick Dunlevy, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, William T. Harter and Kyle S. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KITCHING, J. —

INTRODUCTION

Robbery is classified as either first or second degree. Under current law, all robberies are of the second degree unless otherwise specified by statute. (Pen. Code, § 212.5, subd. (c).) The Legislature has determined that when a victim is robbed while using or immediately after using an automated teller machine (ATM), and the victim is in the vicinity of the ATM, that robbery...

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