P. v. Pedraza
Filed 8/22/06 P. v. Pedraza CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. SERGIO ISGUERRA PEDRAZA, Defendant and Appellant. |
F048278
(Super. Ct. No. BF108101A)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge.
Robert L. S. Angres for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McLean and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury found Sergio Isguerra Pedraza guilty of, inter alia, two counts of second degree robbery and found true, inter alia, two strike priors. (§§ 211, 212.5, subd. (c), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 1538.5.[1]) On appeal, he argues erroneous denial of his motion to suppress, violation of his right to a jury trial on the issue of his identity as the perpetrator of the strike priors, insufficiency of the evidence of his identity as the perpetrator of those priors, and imposition of restitution fines without jurisdiction. We affirm the judgment.
DISCUSSION
1. Motion to Suppress
Pedraza argues that the court's denial of his motion to suppress is a violation of the Remers[2]-Harvey[3]-Madden[4] rule (sometimes referred to as the Harvey-Madden rule). The Attorney General argues the contrary. We will review, first, the record and, second, the law.
On stipulations that police had neither an arrest warrant nor a search warrant, the prosecutor called two witnesses to testify at the hearing on Pedraza's motion. One was Catherine Thomas, the 911 operator and police dispatcher who received a call about a bank robbery in progress involving a man with a gun and customers on the floor. The caller had a limited view of the robbery and tried to answer Thomas's questions without being seen by the robber. The caller's description of the robber was â€
