People v. Jackson

Good Law
178 Cal. App. 3d 694·1986 Cal. App. LEXIS 2690·224 Cal. Rptr. 37
Court of Appeal of CaliforniaMarch 11, 1986B010338California1,694 words

Opinion

Opinion

Eagleson, J.

Defendant was charged with robbery, a violation of Penal Code section 211. The information further alleged that he had sustained a prior felony conviction for robbery in 1982 within the meaning of section 667, subdivision (a). Defendant was tried by a jury and found guilty of robbery. He admitted the 1982 prior conviction and was sentenced to state prison.

On appeal he raises five specific points of contention, none of which has merit. We affirm the judgment of conviction.

Facts

At approximately 11:55 p.m. on August 30, 1984, Officer Vega and his partner saw Mr. Mann, a white male midget, standing at a bus stop. He was a heavyset, elderly gentleman who appeared to be in his late 60’s. Defendant was one of the two individuals standing up against a wall a few feet behind Mann. Vega observed defendant approach Mann, grab the rear of Mann’s shirt with his left hand and, with his right hand, proceed to grab at Mann’s right rear trouser pockets. At this point Vega was approximately 30 yards from the altercation. He could plainly see what transpired because the area was illuminated with light emanating from nearby commercial businesses.

Mann fell face down on the pavement,…

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