P. v. Green
Filed 7/7/06 P. v. Green CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. WILLIAM GREEN, Defendant and Appellant. | C048516
(Super. Ct. No. 03F11102)
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Defendant William Green was convicted of two counts of robbery after his half-brother, Eric Hayes, testified that they committed the two crimes together and defendant drove the getaway car both times.
On appeal, defendant argues he was prejudiced by the court's refusal to sever trial of the two crimes; insufficient evidence was presented to corroborate Hayes's testimony about defendant's participation in one of the two robberies; and the court erred in staying, rather than striking, enhancements based on defendant's having served four prior prison terms. The People concede the last claim of error. We shall order the enhancements stricken, and otherwise affirm the judgment.
FACTS
Both robberies took place in Rancho Cordova, each on a Monday morning in December 2003.
A
December 8 Robbery Of Chris Thomas
Chris Thomas worked as the assistant manager of a Taco Bell restaurant on Bradshaw Road. Each day he worked, Thomas was responsible for taking the previous day's receipts to the bank for deposit.
Between 10:00 and 11:00 a.m. on the morning of December 8, Thomas arrived outside the Bank of America on Folsom Boulevard. Just before Thomas got out of his van, an African-American man approached on foot, wearing a jacket and a black stocking cap. Thomas thought the man was a panhandler, and waved him away, but the man tapped on the van window with a gun, and said to Thomas, â€
