People v. Bell

—A jury convicted Charles Lee Bell of one count of robbery (Pen. Code, § 211) and one count of attempted robbery (§§ 664/211/213, subd. (b)). In a bifurcated proceeding, Bell waived his right to a jury trial and the court found true allegations he served one prior prison term (§ 667.5, subd. (b)), had been convicted of a prior serious felony (§ 667, subd. (a)(1)), and had suffered two prior convictions for serious or violent felonies (§ 667, subds. (b)-(i)).

The court sentenced Bell to a total term of 55 years to life. The court imposed two consecutive terms of twenty-five years to life for the robbery and attempted robbery offenses. The court imposed an additional consecutive five-year term for his prior serious felony conviction. The court stayed sentencing on the prison prior.

Bell appeals, contending: (1) the court erred by discharging the only African-American male juror because he required a break to take his child to the doctor, (2) the court erred by refusing to exclude an in-court identification by a witness or at least suspend proceedings for further investigation due to the prosecutor’s failure to provide full and timely discovery regarding the witness, and…