P. v. White

Filed 6/29/06 P. v. White CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION THREE

Joseph White was convicted of robbery by a jury. He contends the prosecutor committed misconduct in closing argument by appealing to the passion of the jury, and the court's imposition of a 12-year sentence was cruel and unusual punishment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The victim was standing on a San Francisco street when he felt someone behind him reach into his coat pockets, where he had his coin pouch. He was alarmed, and turned toward the person reaching into his pockets. He felt a strong push on his chest, fell to the ground, landed on his back in the street and sprained his knee. When he got up, he discovered a glove and his coin pouch were missing.

Several plain clothes law enforcement officers were nearby in an unmarked car. Two of the officers saw defendant strike or push his smaller victim, who fell into the street. Defendant quickly left the area with his jacket up over his head. A foot chase ensued, and officers surrounded defendant in a nearby alley. The victim followed the officers, told them his coin pouch was taken, and identified the one found in defendant's pocket as his. The victim's glove was found on the ground underneath defendant.

Defendant was charged with robbery and grand theft. The information also alleged defendant had two prior â€