Wimberly

People v. Wimberly

Good Law
1992 Cal. App. LEXIS 529·5 Cal. App. 4th 773·7 Cal. Rptr. 2d 152·92 Daily Journal DAR 5242·92 Cal. Daily Op. Serv. 3382
Court of Appeal of CaliforniaApril 20, 1992A048136California7,678 words

Opinion

Opinion

Chin, J.

Anthony Rene Wimberly appeals from his convictions on one count of rape (Pen. Code, § 261, former subd. (2) [now subd. (a)(2)] ), two counts of attempted murder (§§ 664/187), three counts of residential burglary (§ 459), one count of nonresidential burglary (§ 459), five counts of robbery (§ 211, former § 213.5), and four counts of being an ex-felon in possession of a handgun (§ 12021), with enhancements for firearm use, infliction of great bodily injury, service of prior prison terms, and a prior robbery conviction. He raises a variety of challenges to his convictions. We affirm.

Factual and Procedural Background

By information, the Alameda County District Attorney charged appellant with three counts of special circumstance murder, two counts of attempted murder, three counts of residential burglary, one count of nonresidential burglary, five counts of robbery, two counts of rape, and four counts of being an ex-felon in possession of a gun. The information also alleged enhancements for use of a firearm, great bodily injury, service of prior prison terms, and a prior robbery conviction. The charges arose from four separate incidents involving five victims between…

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