Hawkins

People v. Hawkins

Good Law
1 Cal. App. 4th 880·1991 Cal. App. LEXIS 1410·2 Cal. Rptr. 2d 321·91 Daily Journal DAR 15209
Court of Appeal of CaliforniaDecember 11, 1991B017068California1,877 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant James Hawkins II appeals his conviction of voluntary manslaughter after he shot a member of the Bounty Hunter gang on September 11,1983. Defendant received a 28-year sentence and raises numerous contentions. In the published portion of the opinion, we will discuss why the enhancement for a serious prior felony conviction pursuant to Penal Code section 667, subdivision (a) by reason of defendant’s previous conviction for a violation of 18 United States Code, section 2114 was properly imposed. Because no error occurred the judgment is affirmed.

II-IV C

D. Sentencing Issues.

1.

The Enhancement for the Federal Robbery Conviction Was Properly Imposed.

Defendant argues that the trial court erroneously imposed a five-year enhancement pursuant to section 667, subdivision (a) by reason of defendant’s prior conviction for assaulting a person having custody of government property with the intent “to rob, steal, or purloin” the property or to rob the custodian in violation of 18 United States Code section 2114 . As it was in effect at the time of defendant’s November 4, 1974, federal conviction, 18 United States Code section 2114 provided: “Whoever…

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