People v. Steward CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

In October 2003, defendant and a cohort robbed at least eight victims at four

separate locations at gunpoint. After the last incident, police pursued the car in which

defendant and others were riding. After finding the vehicle abandoned, officers found

items taken from some of the robberies. In November 2003, defendant and a companion

robbed another victim at gunpoint at yet another location. (People v. Steward (Jun. 16,

2006, E037176) (Steward).)

1 Defendant originally failed to timely file a supplemental brief. We issued an opinion dismissing the appeal. Prior to that opinion becoming final, defendant submitted a motion requesting to file a late supplemental brief. We granted the request, vacated our opinion, and filed defendant’s supplemental brief.

2 On November 3, 2004, a jury found defendant guilty of 10 counts of second

degree robbery (Pen. Code,2 § 211, counts 1-3 & 5-11) and one count of attempted

robbery (§§ 664, 211, count 4). The jury additionally found true allegations that

defendant used a firearm during six of the robberies and the attempted robbery

(§ 12022.53, subd. (b)), and that a principal was armed with a…