People v. Lupien CA4/1

Filed 5/28/14 P. v. Lupien CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064207

Plaintiff and Respondent,

v. (Super. Ct. No. SCD242206)

PAUL RUSSELL LUPIEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter L.

Gallagher, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On April 5, 2013, a jury found defendant and appellant Paul Russell Lupien guilty

of one count of robbery in violation of Penal Code section 211.1 The jury also found that

1 All further statutory references are to the Penal Code.

Lupien had committed the robbery while on probation within the meaning of section

1203, subdivision (k), had been convicted of a violent or serious felony within the

meaning of section 667, subdivisions (b) through (i), and had been convicted of a serious

felony within the meaning of section 667.5, subdivision (b).

Prior to trial, Lupien moved to strike his earlier 1986 conviction on the grounds