People v. Shields

Opinion

ELIA, J.

Raymond Arthur Shields’s appeal presents the issue whether a felony conviction of a minor in adult court, followed by successful completion of a commitment to the California Youth Authority and honorable discharge working a release from “all penalties and disabilities” pursuant to Welfare and Institutions Code section 1772,

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may support a five-year serious felony enhancement of a sentence upon a later conviction. Following

People

v.

Jacob

(1985) 174 Cal.App.3d 1166 [220 Cal.Rptr. 520], we hold that it may.

As appellant’s only contention is that the trial court erred in imposing the five-year enhancement for his prior murder conviction, it is unnecessary to recite in detail the facts of the two robberies for which he stands convicted in the present case. Instead we summarize those facts briefly.

On March 22, 1989, an off-white or beige pickup truck pulled up to a San Jose bus stop. Appellant left the truck and snatched a purse from 80-year-old Rosario Altomirano, who was waiting at the stop. Appellant then got back into the truck, which drove off. A short time later, the pickup truck pulled up to another San Jose bus stop, where a woman left the truck and

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snatched a purse from 30-year-old Maria Sanchez, who was waiting at the stop with her young child. As the woman returned to the truck, Mrs. Sanchez saw the face of the driver.

The next day, officers of the Sunnyvale Department of Public Safety saw a pickup truck run a stoplight. The truck matched the description of the one used in the Altomirano and Sanchez robberies. The officers stopped the truck, learned that it reportedly had been stolen in Oakland, and arrested its occupants, appellant and one Carleen McCullough.

Suspecting that appellant and Ms. McCullough had robbed Ms. Altomirano and Mrs. Sanchez, police prepared a photo lineup. Although Ms. Altomirano could not make a positive identification, Mrs. Sanchez identified appellant as the driver of the truck and Ms. McCullough as the woman who took her purse.