P.

P. v. Dennis CA4/2

Good Law
Court of Appeal of CaliforniaJuly 25, 2013E055848California759 words

Opinion

Opinion

FACTS AND PROCEDURE

On January 2, 2007, defendant robbed a Bank of America branch in Riverside.

Defendant stood in line and approached a teller when his turn arrived. Defendant

demanded cash, either orally or by presenting a note. The teller was overcome with fear

and fell down. A supervisor went over to see what was wrong and gave defendant about

$2700 in cash from the teller’s drawer.

On April 6, 2007, the People filed a felony complaint charging defendant with

second degree robbery (Pen. Code, § 211).1 The People also alleged defendant had two

prior “strike” convictions (§§ 667, subds. (c) & (e)(2)(A), and 1170.12, subd. (c)(2)(A)),

two prior serious felony convictions (§ 667, subd. (a)) and three prison priors (§ 667.5,

subd. (b)). Defendant was not arraigned on the complaint until April 29, 2011.

At the April 29, 2011, arraignment, defendant moved to represent himself.2 The

trial court granted the motion. Defendant pled not guilty and denied each of the prior

conviction allegations.

All section references are to the Penal Code unless otherwise indicated.

2 This may well have contributed to the statute of limitations issue not being raised until this…

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