People v. Sims CA2/7

INTRODUCTION

Michael Oshea Sims appeals from the judgment entered following his conviction by a jury of second degree robbery (Pen. Code, § 211).1 In a bifurcated proceeding, the court found that Sims had suffered one prior serious or violent felony conviction within the meaning of section 667, subdivision (a), and the three strikes law (§§ 667, subds. (b)- (i), 1170.12, subd. (a)-(d)), and had served three separate felony prison terms (§ 667.5, subd. (b)). The trial court sentenced Sims to an aggregate state prison term of 14 years. He contends the trial court abused its discretion in failing to sanction the People for violating their statutory discovery obligations. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Crime On October 26, 2012 Marvin Alas was working as a theft prevention officer inside a market, where Sims was pushing a shopping cart down an aisle. As Alas watched, Sims pulled four liquor bottles out of a six-pack and put them next to an open and empty backpack in the shopping cart. Sims then placed packages of meat and a box of hot link sausages in the cart. Alas met Sims at the front of the market and asked him if everything was okay. Sims replied he…