Daughhetee
People v. Daughhetee
Opinion
Opinion
Best, J.
In these consolidated cases, defendant, James Ray Daughhetee, appeals from a judgment on a jury verdict finding him guilty in action No. 190017 of robbery (Pen. Code, § 211) and in action No. 190018 of attempted robbery (Pen. Code, §§ 664, 211) and burglary (Pen. Code, § 459). Three prior felonies were charged and found by the jury to be true. Defendant was sentenced to the upper term of five years in state prison for his robbery conviction, plus five years for a prior felony conviction of attempted robbery. The court imposed an additional one-year enhancement for each of defendant’s remaining prior felony convictions. A two-year enhancement was stayed pending the completion of the ten-year term. The court also stayed imposition of sentence on the convictions of attempted robbery and burglary until defendant’s 10-year term of imprisonment is completed.
On appeal, defendant contends that the trial court committed error in (1) denying defendant’s motion to suppress evidence (Pen. Code, § 1538.5); (2) failing to set aside defendant’s prior conviction as unconstitutional; (3) ordering physical restraints for defendant throughout the trial; (4) granting defendant’s motion to…