People v. Williams6/30/2004
A jury convicted defendant of second degree robbery (count 1; Pen. Code, § 211), unlawful taking and driving of a vehicle (count 2; Veh. Code, § 10851, subd. (a)), and evading an officer (count 3; Veh. Code, § 2800.2, subd. (a)). As to count 1, the jury found defendant was armed with a firearm during the commission of the offense. (Pen. Code, § 12022, subd. (d).) The jury also found defendant had two prior serious felony convictions (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)) and one prior prison term conviction (Pen. Code, § 667.5, subd. (b)). Pursuant to the three strikes law, the court sentenced defendant to 50 years to life.
On appeal, defendant claims the prosecutor committed misconduct by referring to facts outside the record. He also claims the trial court erred in failing to apply Penal Code section 654 to stay the terms imposed for counts 2 and 3. We agree with defendant that the term imposed for count 2 should have been stayed. We reject his remaining contentions.
I. FACTS
At 12:40 p.m. on June 13, 2002, two men entered Shahzad Khan's liquor store. One of them pointed a gun at Khan, while the other man jumped over the counter. The man who jumped over the counter, later identified as defendant, took about $86 from the cash register and some other items, including cigarettes and lottery tickets. The two men demanded that Khan open the safe and give them the cash, "or we'll bust you." Although a surveillance camera captured the incident, both men were wearing baseball caps and masks.
Within a minute or two, Officer Anthony Garcia arrived at Khan's store and noticed a black Nissan car screech into the apartment complex behind the store. Garcia saw only the driver, a heavy-set, African-American man, inside the Nissan. Two patrol cars, including Garcia's, pursued the Nissan into the parking lot of a nearby strip mall. After the officers activated their lights, the Nissan stopped. While the driver remained in the car, two African-American males exited the car and ran through the parking lot in different directions.
Garcia pursued one of the men, who was not wearing a shirt, but was unable to locate him. Officer Mike McCoy, who arrived in a third patrol car, pursued the other man as he ran down the street and into a car wash. At the car wash, McCoy observed the man, who was later identified as defendant, getting into and driving away in a white Lexus.
Another officer, Sergeant Steve Davis, who was driving an unmarked vehicle, continued the pursuit of the white Lexus. He noticed defendant trying to exit a parking lot into a row of cars that were stopped at a red light. Defendant accelerated into the row of cars and collided with a green van, pushing the van out of the way. After getting out of the parking lot, defendant drove onto the on-ramp going north on Interstate 215.
The officers in pursuit of defendant at this time included Officers Davis, McCoy, Briones, and Vogelsong. At some point, Officer Briones took the lead in the pursuit. There was a lot of traffic on the road during the pursuit.
On the interstate, defendant drove in and out of traffic at excessive speeds. As he exited the interstate at the Mill Street off-ramp, defendant skidded off the road into an adjacent field. Defendant then exited the car and ran toward "I" Street. As defendant attempted to cross the road onto "I" Street, he collided with Davis's car, causing defendant to fall. Davis placed defendant under arrest. Defendant had $86.95 in his right front pants pocket.
Officers found nineteen $1 bills scattered inside the white Lexus. During a search of the Nissan, the officers found clothing, lottery
Page 1 2 3 4 5 6 7 8 9 10 11 California DUI Attorneys
DUI Lawyers
|