Hawkins
People v. Hawkins
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…