 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Leung4/9/1992
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT
No. H007885
1992.CA.40934 ; 5 Cal. App. 4th 482; 7 Cal. Rptr. 2d 290
Decided: April 9, 1992.
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JEFFREY LEUNG ET AL., DEFENDANTS AND APPELLANTS.
Superior Court of Santa Clara County, No. 140497, Jack Komar, Judge.
Christopher Blake, Peter A. Estern and Corinne W. Shulman, under appointments by the Court of Appeal, for Defendants and Appellants.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Stan M. Helfman and Violet M. Lee, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Capaccioli, Acting P. J., with Elia, J., Concurring. Separate Concurring opinion by Premo, J.)
Capaccioli
Defendants were convicted of robbery, attempted robbery and false imprisonment. Weapons and arming enhancements were found true. On appeal they argue that (1) the restriction on jury voir dire embodied in Code of Civil Procedure section 223 arbitrarily distinguishes between criminal and civil proceedings in violation of criminal litigants' right to equal protection under the law, (2) a prearrest photographic identification procedure was unduly suggestive and it was prejudicial error to admit evidence of this photographic identification at trial, (3) there were sentencing errors, (4) there were clerical errors and (5) defendant Chan asserts that the court should have issued a judicial recommendation against deportation. For the reasons expressed below, we affirm the judgments and order modification of the abstracts of judgment to correct clerical errors.
FACTS
On December 30, 1989, at 1:30 a.m. a man carrying an iron pipe entered the upstairs of the Miyake Restaurant. This man was defendant Jeffrey Leung. Jeffrey approached Akira Nakamura and Kikuo Tsujimoto (hereinafter Kikuo) and told them to hand over all the money. He forced them to go into the interior of the restaurant office. A man with a pistol then came upstairs from the first floor of the restaurant This man was David Leung. Each man wore a mask over the lower part of his face. David pointed the gun
at Mr. Nakamura. Mr. Nakamura took money out of his wallet and gave it to Jeffrey. Restaurant receipts of approximately $2,000 in cash were lying on a table in a brown paper bag. Jeffrey took this money. One of the men took a bag from Kikuo.
A third man wearing a mask and carrying a knife came up from downstairs. Jeffrey handed Mr. Nakamura some handcuffs and had him handcuff one of his hands and one of Kikuo's hands to a chair. Jeffrey then pulled the phone cord out of the wall. The three men went downstairs.
Moriyaki Nagayama was in the kitchen with Hiroshi Tsujimoto (hereinafter Hiroshi) preparing food for the next day at the time of the robbery. A man with a gun came into the kitchen. This man was David Leung. David told Hiroshi and Mr. Nagayama to raise their hands. A man without any weapon also came into the kitchen. He was wearing a handkerchief over the lower portion of his face. This man was Michael Chan. David pointed the gun at Hiroshi and Mr. Nagayama. David and Chan then forced the two men to proceed to the basement. A third man joined them on their way to the basement. David kicked Mr. Nagayama as he went down th
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|