People v. Sosa CA4/1

INTRODUCTION

Over the span of three weeks, a series of robberies took place at restaurants and convenience stores in San Diego County. Law enforcement officers believed the same person committed the offenses based, in part, on the fact that the perpetrator of each crime wore the same attire—a gray hooded jacket and a face covering. They dubbed the perpetrator the “windbreaker bandit.” Leo Paul Sosa was charged with the “windbreaker bandit” crimes. He

was ultimately found guilty of eight counts of robbery (Pen. Code,1 § 211; counts 1–7, 9) and one count of attempted robbery (§§ 664, subd. (a), 211; count 8). He admitted he was on felony probation when the crimes were committed (§ 1203, subd. (k)), and admitted he committed a serious felony prior (§§ 667, subd. (a)(1), 1192.7, subd. (c)) and a strike prior (§§ 667, subds. (b)–(i), 668, 1170.12). The trial court sentenced Sosa to an aggregate sentence of 24 years 4 months in prison. Sosa challenges the sufficiency of the evidence supporting six of his robbery convictions (counts 1–6) arising out of three incidents. He contends substantial evidence did not support the jury’s findings that he perpetrated the crimes. We reject these…