Fear Not Law CA Unpub Decisions

P. v. Schrubb

Filed 12/7/05 P. v. Schrubb CA3</p> <br /> <p align="center"><u>NOT TO BE PUBLISHED</u><
CA Unpub Decisions
<p>Filed 12/7/05 P. v. Schrubb CA3</p> <br /> <p align="center"><u>NOT TO BE PUBLISHED</u></p> <br /> <p align="center"><u> </u></p> <br /> <p><b>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 This opinion has not been certified for publication or ordered published for purposes of rule 977. </b></p> <br /> <p align="center"><u> </u></p> <br /> <p align="center">IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA</p> <br /> <p align="center">THIRD APPELLATE DISTRICT</p> <br /> <p align="center">(Placer)</p> <br /> <p align="center">----</p><br /> <table border="0" cellspacing="0" cellpadding="0"><br /> <tr><br /> <td width="367" valign="top"> <br /> <p>THE PEOPLE,</p> <br /> <p> Plaintiff and Respondent,</p> <br /> <p> v.</p> <br /> <p>KEVIN RAY SCHRUBB,</p> <br /> <p> Defendant and Appellant.</p><br /> </td><br /> <td width="257" valign="top"> <br /> <p align="center">C048225</p> <br /> <p align="center"> </p> <br /> <p align="center">(Super. Ct. No. 6234687)</p> <br /> <p align="center"> </p> <br /> <p align="center"> </p><br /> </td><br /> </tr><br /> </table> <br /> <p> Sentenced to an <a href="http://www.mcmillanlaw.com/">aggregate prison term of 304 years</a> to life in connection with a bank robbery, defendant Kevin Ray Schrubb appeals, contending the trial court erred in denying his motion to <a href="http://www.mcmillanlaw.com/">suppress his confession</a> because it was involuntary and in denying his motion to dismiss the charges against him because of outrageous conduct by the staff at the jail in which he was held pending trial. We conclude the trial court properly denied both motions. Accordingly, we will affirm the judgment.</p> <br /> <p align="center">FACTUAL AND PROCEDURAL BACKGROUND</p> <br /> <p> The underlying facts are <a href="http://www.mcmillanlaw.com/">largely immaterial to the issues on appeal.</a> Suffice it to say that defendant was charged with numerous crimes based on his participation in an armed robbery of the Bank of America in Loomis on March 17, 2003. During an <a href="http://www.fearnotlaw.com/">interrogation following his arrest</a>, defendant admitted his role in the robbery. </p> <br /> <p> In August 2003, the trial court granted defendant's <i>Faretta</i><a href="#_ftn1" name="_ftnref1"><sup><sup>[1]</sup></sup></a> motion, and he represented himself through the remainder of his <a href="http://www.mcmillanlaw.com/">criminal proceedings</a>. Acting as his own <a href="http://www.mcmillanlaw.com/">attorney</a>, defendant made the two motions that are the subject of this appeal.</p> <br /> <p align="center"><i>Motions To Suppress</i></p> <br /> <p> On October 16, 2003, defendant moved to suppress his confession on the ground it was â€
← Back to CA Unpub Decisions · Knowledge Base
Lean view · served in 1 ms · full site view