People v. Harrington CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

Harrington was initially indicted by a grand jury on, among other charges, one count of second degree burglary (§§ 459, 460, subd. (b)) and one count of second degree robbery (§§ 211, 212.5, subd. (c)) arising out of the theft of liquor from the La Canasta Liquor and Grocery Store on March 21, 2010. He was also charged by felony complaint with one count of second degree burglary (§§ 459, 460, subd. (b)) and one count of second degree robbery (§§ 211, 212.5, subd. (c)) arising out of the theft of liquor from a Rite Aid store on June 7, 2010. Prior to trial, the prosecution moved to join the indictment and information on the ground that Harrington was charged with identical offenses, i.e., second degree burglary and robbery, in both cases. Harrington opposed joinder, arguing it would deprive him of a fair trial. In its order granting the motion, the trial court found “[t]he indictment and the information have almost identical charges stemming from similar conduct: the defendant goes into a store with counterparts, puts liquor bottles in his pants, walks out of the store

2 without paying, and when confronted by store personnel, he threatens…