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People v. Willingham6/18/2002
A jury found defendant guilty of three counts of second degree robbery (Pen. Code, § 211), one count of possession of a shotgun (§ 12020, subd. (a)), and one count of possession of a firearm by an ex-felon (§ 12021, subd. (a)). The trial court then found true the allegations that defendant had two prior prison term convictions (§ 667.5, subd. (b)), two prior serious felony convictions (§ 667, subd. (a)), and two prior serious felony strike convictions (§§ 667, subds. (c) & (e), 1170.12, subd. (c)). As a result, defendant was sentenced to a total indeterminate term of 50 years to life in state prison. On appeal, defendant contends (1) there was insufficient evidence to support the court's finding that his prior federal bank robbery convictions constituted serious felony strikes under the three strikes law, and (2) his sentence of 50 years to life constitutes cruel and unusual punishment under the Eighth Amendment of the United States Constitution. We reject these contentions and affirm the judgment.
I.
FACTUAL BACKGROUND
North County Bank Robbery: On October 14, 1999, defendant entered the North County Bank located in Beaumont, approached Sylvia Dominguez, a teller at the bank, and asked her for all the hundreds and fifties. Dominguez thought he was kidding. However, after defendant hit the counter with his hand and kept his right hand under the counter as if he had a weapon and again repeated his demand, she complied. She gave him approximately $1,900.
Washington Mutual Robbery: On October 19, 1999, defendant entered a Washington Mutual bank located in Moreno Valley and approached Shawna Meyers, a teller at the bank, and spoke to her about an overdraft account. Eventually, defendant told her to give him all the money in her drawer or he would hurt her. Meyers gave defendant approximately $400.
Wells Fargo Robbery: On October 20, 1999, defendant entered a Wells Fargo bank located in Hemet, approached Irma Vallejo, a teller at the bank, and told her she was being robbed. He asked her for large bills and warned her about not putting in any bait money. Vallejo disregarded the last warning. Defendant then scattered the money, threw the bait money at her and demanded the large bills from another drawer. Vallejo gave him approximately $3,000.
Possession of a Shotgun: On October 20, 1999, the same day as the Wells Fargo robbery, Sergeant Joseph Nevarez of the Hemet Police Department was watching a vehicle parked in a driveway south of Buena Vista Street. This was about a half-mile from the Wells Fargo bank. Brian Van Buskirk, a resident of the apartment complex, approached Sergeant Nevarez and told him that the vehicle belonged to defendant. He also told the sergeant that he had known defendant for eight years and had seen a sawed-off shotgun fall out of the driver's side of the vehicle.
After talking with Van Buskirk, Sergeant Nevarez searched the vehicle. He found a pair of sandals. Thereafter, the vehicle was towed to the police impound lot. The following day a second search was conducted. This time, a loaded .410-gauge shotgun and a bag of shotgun shells were found. A computer check for the owner of the car showed that someone other than defendant owned the vehicle. The shotgun found in the car was checked for prints, but none were found.
II.
DISCUSSION
A. Sufficiency of the Evidence Regarding the Prior Convictions
Defendant claims there is insufficient evidence to prove that the conduct underlying the prior federal robbery convictions would have been serious or violent felonies in California, and therefore the true findings on the strikes and five-year p
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