P. v. Payne
Filed 3/21/06 P. v. Payne 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
THIRD APPELLATE DISTRICT
(Sacramento)
----
| THE PEOPLE, Plaintiff and Respondent, v. GERALD PAYNE, Defendant and Appellant. |
C048731
(Super. Ct. No. 04F00059)
|
A jury convicted defendant Gerald Payne of two counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))[1] and found that he had suffered five prior convictions, four for robbery and one for armed bank robbery (§§ 667, 1170.12). He was sentenced to state prison for 60 years to life, consisting of two consecutive terms of 25 years to life (§ 667, subds. (b)-(i)) plus two consecutive terms of five years for prior serious felony convictions (§ 667, subd. (a)).
On appeal, defendant contends (1) his motion to sever his trial from codefendant Kurt Andrillion's trial on a charge of receiving stolen property (§ 496) was erroneously denied, and (2) the imposition of consecutive[2] sentences violated his jury trial right under Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403]. We shall affirm the judgment.
FACTS
Prosecution Case-In-Chief
On the afternoon of December 31, 2003, Andrillion and his nephew, Richard Chaney, were enroute to a store in North Highlands. Andrillion received a telephone call from defendant, a former employee of Andrillion's wholesale import-export business who had left the company several months earlier. After taking the call, Andrillion drove to West Sacramento and picked up defendant in front of a supermarket. From there, they went to a store where defendant purchased sunglasses. The three men then proceeded to North Highlands, and the car stopped near a credit union office. Defendant got out of the car while Andrillion and Chaney waited inside.[3]
Shortly before 5:00 p.m., defendant entered the credit union wearing sunglasses and a baseball cap. He approached teller Stefani Seamans, pushed aside a customer, produced a yellow plastic bag and demanded that Seamans fill the bag with $50 and $100 bills. When Seamans told defendant that she did not have any of those bills, he told her to just place the contents of her top drawer in the bag. The contents included a tracking device. Seamans complied because she â€
