P. v. Wagner
Defendant, Jesse Adrian Wagner, impersonated a peace officer while he worked as a bail bondsman. One night, defendant drove a Crown Victoria Interceptor automobile, which was equipped with police gear, and pulled over Pedro Pacheco (Pacheco/victim). Defendant searched Pacheco, removed his wallet, and took his cash and identification cards. When defendant was arrested three and a half months later, police discovered a baton on his person. On appeal, defendant contends that (1) his trial counsel rendered ineffective assistance, (2) the prosecution committed a Brady[3]violation by failing to disclose evidence, (3) the photo identification procedure was so suggestive as to violate due process, (4) the courts failure to remove a nondeliberating juror violated his right to an impartial jury, (5) the trial court improperly imposed the upper term on the robbery count, and (6) cumulative error requires reversal. Court reject all of defendants claims and affirm the judgment.
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