One of two men accused of robbing $220 from a San Mateo gas station two years ago was sentenced Tuesday to three years supervised probation and a drug treatment program for second-degree robbery.
In pleading no contest, Alvaro Antonio Hernandez, 34, also admitted having a prior criminal strike in return for no more than four years in prison. He has a 2005 conviction for discharging a firearm. Judge Jonathan Karesh yesterday granted a defense request to not count the previous strike for sentencing purposes and imposed one year jail with credit of 57 days. The balance is modifiable to the Latino Commission residential treatment program.
As part of the negotiated plea, prosecutors also dismissed a separate felony case for allegedly being a convicted felon in possession of pepper spray.
Accomplice Daniel Victor Nerio, 40, of San Mateo, previously received three years supervised probation and drug treatment after pleading no contest to the same charge.
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 been 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.
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PLEASE TURN OFF YOUR CAPS LOCK.
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