Ruiz

People v. Ruiz

Good Law
1999 Cal. App. LEXIS 100·69 Cal. App. 4th 1085·82 Cal. Rptr. 2d 139·99 Daily Journal DAR 1317·99 Cal. Daily Op. Serv. 1045
Court of Appeal of CaliforniaFebruary 8, 1999B115222California1,744 words

Opinion

Opinion

Coffee, J.

A jury convicted appellant Gabriel Ruiz of one count of second degree robbery and determined that he had personally used a knife in the commission of that offense. (Pen. Code, §§ 211, 212.5, subd. (c), 12022, subd. (b)(1).) Allegations that appellant had suffered a prior serious felony conviction were found true in a bifurcated court trial. (§§ 667, subd. (a)(1) [five-year enhancement], 1170.12, subds. (a)-(d) [“Three Strikes” law].) Appellant was sentenced to eleven years in prison: the three-year middle term for the robbery conviction, doubled pursuant to the Three Strikes allegation, plus a five-year enhancement under section 667, subdivision (a)(1). We affirm.

Facts

Rosa Garcia was walking to the grocery store with her mother when she was approached by appellant and another man. Appellant pointed a knife at Garcia’s stomach while the other man grabbed her purse and ran away. Appellant, who had a limp, also fled. Garcia had about $200 in her purse.

Garcia and her mother followed appellant for about three-quarters of a mile. He circled around and returned to the area where the purse was taken. During their pursuit, Garcia saw appellant throw something into a trash…

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