P. v. Simpson
As octogenarians Lawrence and Rosina Arebalo were unloading their car and putting away groceries, defendant Willie Simpson entered their garage and then their house, assaulted both of them, and stole Rosina's purse.[1] A jury convicted defendant of first degree robbery (Pen. Code,[2] § 211) and first degree burglary (§ 459), both with an enhancement for crimes against the elderly (§ 667.9, subd. (a)), and two counts of misdemeanor elder abuse (§ 368, subd. (b)(1)). The trial court found true allegations that defendant had a strike prior (§§ 667, subd. (b)-(i); 1170.12), a prior serious felony conviction (§ 667, subd. (a)), and had served a prior prison term (§ 667.5, subd. (a)) for attempted robbery in case No. SF097665A.
Sentenced to 19 years in prison, defendant appeals. He contends the trial court erred in admitting his confession, which he claims was coerced, and that his counsel was ineffective in litigating the suppression motion.
We find defendant's confession was voluntary and there was no ineffective assistance of counsel. However, because the trial court improperly imposed enhancements under both section 667, subdivision (a) and section 667.5, subdivision (a) for the same offense, we stay execution of sentence on the lesser enhancement. With that modification, we otherwise affirm.
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