P. v. Huffines
Filed 7/31/06 P. v. Huffines CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. RONALD LEE HUFFINES, Defendant and Appellant. | E039223 (Super.Ct.No. RIF120029) OPINION |
APPEAL from the Superior Court of Riverside County. Ronald L. Taylor, Judge. (Retired judge of the Riverside Superior Court assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Peter Quon, Jr., Supervising Deputy Attorney General, and Erika Hiramatsu, Deputy Attorney General, for Defendant and Respondent.
An information charged defendant and appellant Ronald Lee Huffines (defendant) of two counts of robbery under Penal Code[1] section 211. The information also alleged that defendant had both a strike prior (§§ 667, subds. (c) & (e)(1) & 1170.12, subd. (c)(1)), and a serious and violent felony prior conviction (§ 667, subd. (a)). A jury found defendant guilty of both counts. Thereafter, the trial court found true both strike conviction allegations.
Prior to sentencing defendant, the trial court denied defendant's motion to strike his priors under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Thereafter, defendant was sentenced to state prison 13 years.
On appeal, defendant contends that the trial court abused its discretion in denying defendant's Romero motion. For the reasons set forth below, we shall affirm the judgment.
I
FACTUAL AND PROCEDURAL HISTORY
On October 19, 2004, Stacey McKay was working as a merchant teller in Provident Savings Bank in Riverside. As a merchant teller, McKay handles heavy cash transactions without having to obtain supervisor approval. Her window is off to the side. â€
