Manago

People v. Manago

Good Law
1990 Cal. App. LEXIS 553·220 Cal. App. 3d 982·269 Cal. Rptr. 819
Court of Appeal of CaliforniaMay 23, 1990E006118California2,227 words

Opinion

Opinion

Hollenhorst, J.

A jury convicted Stewart Manago of residential burglary (Pen. Code, § 459), residential robbery (Pen. Code, §211), and rape (Pen. Code, § 261, subd. (2)), during all of which he used a gun (Pen. Code, §§ 12022.5 and 12022.3). He was sentenced to prison and appeals contending his motions to represent himself and for mistrial were erroneously denied, an in camera hearing was improperly conducted, evidence was erroneously admitted and sentencing error occurred. We reject his contentions and affirm.

Facts

Manago and a companion were waiting in front of the victim’s apartment building when she returned from dropping her daughter off at work. Manago forced his way inside her apartment when she opened the door to let herself in. Holding a gun, he robbed her of $7 from her wallet. As he kept the victim prone on the floor, Manago called out to his companion, whom he referred to as “Cuz,” to remove her microwave oven. Manago then took the victim upstairs, where he rummaged through her belongings, taking items of jewelry. After threatening to kill her other daughters who remained in the home if she did not comply, he raped her. He then removed her TV and VCR and drove off with his…

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