Archerd

People v. Archerd

Good Law
1988 Cal. App. LEXIS 328·200 Cal. App. 3d 174·245 Cal. Rptr. 814
Court of Appeal of CaliforniaApril 12, 1988No. F008391California3,316 words

Opinion

Lead Opinion

Best, J.

Statement of the Case

Defendant was convicted by jury of one count of robbery (Pen. Code, § 211) and one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The jury also found that defendant personally used a deadly and dangerous weapon in the commission of the robbery (Pen. Code, § 12022, subd. (b)). At a hearing on the bifurcated issues, the trial court *177 found that defendant had suffered a 1977 prior serious felony conviction (Pen. Code, § 667) for robbery and had served two prior separate prison terms (Pen. Code, § 667.5) for a 1977 burglary and a 1981 sale of marijuana. Defendant was sentenced to state prison for a total unstayed term of 11 years.

In an unpublished opinion filed by this court on September 25, 1986, in People v. Robert L. Archerd, F005480, the judgment was reversed and the cause remanded to the trial court for the limited purpose of holding a hearing on the issue relating to the admissibility of the prior felony convictions for impeachment purposes. The trial court was directed to follow the remand procedure outlined in People v. Collins (1986) 42 Cal.3d 378, 393-395 [ 228 Cal.Rptr. 899 , 722 P.2d 173 ], paragraphs 5 and…

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