P. v. Steward

Filed 6/16/06 P. v. Steward 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the Superior Court of San Bernardino County. J. Michael Welch, Judge. Affirmed.

Sharon M. Jones, 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, Pamela Ratner Sobeck, Supervising Attorney General, and Ivy Fitzpatrick, Deputy Attorney General, for Plaintiff and Respondent.

A jury convicted Glenn Steward of ten counts of second degree robbery (Pen. Code § 211), during six of which he used a firearm (Pen. Code § 12022.53, subd.(b)) and during one of which a principal was armed with a firearm (Pen. Code § 12022 subd.(a)(1)), and one count of attempted robbery during which he used a firearm. He was sentenced to prison for 43 years and appeals, claiming insufficiency of the evidence, jury instruction error, incompetency of trial counsel and sentencing error. We reject his contentions and affirm.

Facts

On October 17, 2003, Steward and a cohort robbed, at gunpoint, two employees of a San Bernardino liquor store. On October 20, 2003, at 3:30 a.m., Steward and a cohort robbed, at gunpoint, a husband and wife, who were in the cashier's booth at a San Bernardino gas station. At 4:15 a.m., the employee of a San Bernardino donut shop was robbed at gunpoint. At 4:25 a.m., Steward and two cohorts robbed, at gun point, two employees of a San Bernardino convenience store. At 4:50 a.m., Steward and at least one cohort robbed, at gunpoint, the employee of a Redlands gas station and a man and woman who were delivering papers there. The police pursued the car in which Stewart and others had been riding and found, after it had been abandoned, items taken from some of these crimes. Other stolen items had been thrown from the car during the pursuit. On November 7, 2003, Steward and a companion robbed, at gunpoint, an employee of a Colton market.

issues and discussion

1. Insufficiency of the Evidence

Steward contends there is insufficient evidence that he participated in the October 17, 2003 robberies, which resulted in his convictions of counts 1 and 2. We disagree.

Steward asserts that the only evidence linking him to those robberies is the fact that his fingerprint was found on a box of cigars which one of the robbers attempted to take with him, but accidentally dropped on the floor in his haste to leave the liquor store. As both parties agree, the California Supreme Court has declared that fingerprint evidence â€