People v. Radcliffe CA1/5

I. FACTS AND PROCEDURAL HISTORY

Radcliffe was charged by information with first degree robbery (Pen. Code, §§ 211/212.5, subd. (a)) and attempted first degree burglary (§§ 664/460, subd. (a)).1 It was further alleged that he had two prior strike convictions for felony burglaries (§§ 667, subd. (e), 1170.12, subd. (c)(1)), had been convicted of two prior serious felonies (§ 667, subd. (a)), and had three prior prison commitments (§ 667.5, subd. (b)).

1 All further statutory references are to the Penal Code.

2 At a section 402 hearing on August 19, 2013, Radcliffe asserted a violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) and challenged an in-field identification; the court found there was no Miranda violation and the in-field show-up was not unduly suggestive. On August 20, 2013, while represented by his attorney, Radcliffe entered a guilty plea to the first degree robbery charge and admitted a strike prior, a serious felony prior, and a prior prison term for purposes of sentencing enhancements. (§§ 1170.12, subd. (c)(1), 667, subd. (a), 667.5, subd. (b).) On the prosecutor’s motion, the remaining counts and allegations were dismissed with a “Harvey waiver.”…