People v. Davis

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 In the unpublished portion of the opinion, we reject defendant’s other contentions.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 in his 30’s. He had no facial hair. The man wore a construction hard hat, dark sunglasses, and a dirty jacket. He held a white handkerchief over his mouth and coughed loudly.

Approximately two minutes after the man arrived at the bank, he came and sat across the counter from Rashed. She asked how she could help him and he asked for change. The man handed Rashed $2 and she gave him eight quarters. She noticed he was wearing a gold nugget ring. Rashed then asked if the man wanted anything else and, after a 10-second delay, he passed her a note which said, in general, “This is a robbery. Give me all your big bills, hundreds, fifties, twenties, tens.” The note also said, “Do this and no one will get hurt.” The man repeated this threat orally. Rashed took money out of her cash drawer and placed it on the counter. The man took the handkerchief away from his face and grabbed the money. He also retrieved the note and then departed.

Rashed could not identify defendant at trial as the perpetrator. However, she selected defendant’s picture from a photographic lineup several months after the robbery. Rashed also identified a ring that had been seized from defendant at the time of his arrest as similar to the one worn by the robber. Rashed denied having seen defendant in the bank between January 20 and January 24, 1998, without the disguise and specifically did not recall closing an account for him at the bank on January 24. She, in fact, denied working at the bank that day.