P. v. ALFORD
Filed 3/9/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. TRACY F. ALFORD, Defendant and Appellant. | A109478 (Alameda County Super. Ct. No. 146177) |
Defendant was convicted following a jury trial of second degree robbery (Pen. Code, § 211), and the jury also found that he suffered eight prior serious felony convictions (Pen. Code, §§ 667, subds. (a)(1) & (e)(2)(A), 1170.12, subd. (c )(2)(A)). He was sentenced to an aggregate state prison term of 40 years to life. In this appeal he claims that the trial court erroneously informed the jury on the consideration of hearsay evidence, the prosecutor committed misconduct, and imposition of a court security fee violated the prohibition against ex post facto laws. We find that the court's comment upon the evidence did not constitute prejudicial error, no prosecutorial misconduct was committed, and the court security fee was valid. We therefore affirm the judgment.
STATEMENT OF FACTS
Aurora Pomales was working as a cashier at Albertson's market on MacArthur Boulevard in Oakland around noon on June 10, 2003, when a man she subsequently identified as defendant appeared at her check stand. Pomales described him as African-American, â€
