One of two men accused of robbing $220 from a San Mateo gas station last August was sentenced to three years supervised probation and a drug treatment program after pleading no contest to second-degree robbery.
Daniel Victor Nerio, 40, of San Mateo, pleaded no contest to second-degree robbery in April and faced up to two years prison. Instead, Nerio agreed to waive his previous time served during three years probation and treatment through The Jericho Project in Daly City, said District Attorney Steve Wagstaffe. If he violates parole, waiving time served means he won’t have any credit that a judge can consider, said Wagstaffe.
Meanwhile, co-defendant Alvaro Antonio Hernandez, 33, pleaded no contest to the felony and admitted a prior strike last month in return for no more than four years in prison. He’s scheduled to be sentenced July 11.
Both men were arrested the morning of Aug. 22, 2011 after reportedly robbing the Circle K gas station at 28th Avenue and El Camino Real in San Mateo. While Nerio waited in front of the station, Hernandez allegedly entered the back office with his face covered by a bandanna and clutching a realistic-looking pellet gun. He pushed the manager to the ground and demanded money before taking $220 in petty cash from the vault and fleeing with Nerio, according to the District Attorney’s Office.
With the help of a sharp-eyed firefighter, responding officers caught both men nearby with the money and gun. Hernandez also allegedly had in his possession .15 grams of methamphetamine and a pipe.
Hernandez has a 2005 conviction for discharging a firearm.
Hernandez is free from custody on a $50,000 bail bond.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
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Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
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