Davis

People v. Davis

Good Law
100 Cal. Rptr. 2d 835·2000 Cal. App. LEXIS 817·2000 Daily Journal DAR 11477·84 Cal. App. 4th 390
Court of Appeal of CaliforniaOctober 26, 2000No. C031599California2,300 words

Opinion

Lead Opinion

Hull, J.

Defendant was convicted by a jury of two counts of robbery (Pen. Code, § 211) and was found to have committed five prior serious felonies within the meaning of the three strikes law (Pen. Code, § 667, subds. (b)-(i)). Sentenced to two consecutive terms of 25 years to life plus enhancements totaling 10 years, defendant appeals claiming various instructional, evidentiary and sentencing errors. Defendant also challenges the denial of his suppression and severance motions.

In the published portion of this opinion, we conclude a belated, warrant-less seizure of items from defendant’s property stored in the jail property room did not violate the Fourth Amendment. In the unpublished portion of the opinion, we reject defendant’s other contentions. We affirm.

Facts and Procedural History

On January 20, 1998, Helua Rashed was working as a teller in a Wells Fargo Bank office inside an Albertson’s food store at the comer of Gerber and Power Inn Roads in Sacramento. At approximately 5:30 p.m., she *392 noticed a man standing in line waiting for service. He was African-American, five feet eight inches to five feet nine inches tall, weighing no more than 200 pounds and approximately…

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