Ross

People v. Ross

Good Law
1988 Cal. App. LEXIS 849·201 Cal. App. 3d 1232·247 Cal. Rptr. 827
Court of Appeal of CaliforniaJune 7, 1988H001968California3,638 words

Opinion

Opinion

Kline, J.

Introduction

Leonard J. Ross and Ronald Ross each appeal judgments of the Santa Clara County Superior Court, following their pleas of guilty to numerous felony counts. Both appellants contend: (1) the court had no authority to conduct a postplea Penal Code section 654 evidentiary hearing and all evidence produced at that hearing must be disregarded; (2) the court violated Penal Code section 654 when it sentenced them for numerous offenses.

The People also appeal, contending that the court erred in holding that section 654 precluded sentencing Leonard Ross for both the robbery of the officer and possession of a firearm by a felon.

Facts

Car theft and flight of Leonard Ross

On September 21, 1985, Leonard Ross approached Roxanne Martinez in the parking lot of a San Jose import store. He demanded that she give him the keys to her 1984 Corvette. She refused, and after a struggle, he grabbed the keys from her hand, jumped into the Corvette and drove away.

Martinez flagged down a passing police officer, Denise Pereira, who gave chase. At one point, Officer Pereira lost sight of the Corvette, but a few minutes later located it again. Ross entered the on-ramp for highway…

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