P. v. Smith
Defendant Timothy Smith was convicted after jury trial of second degree robbery (Pen. Code, 211, 212.5, subd. (c)),[1]second degree burglary ( 459, 460, subd. (b)), and two counts of attempting to dissuade a victim or witness ( 136.1, subd. (b)(1)). Defendant admitted that he had six prior strikes ( 1170.12) and three prior serious felonies ( 667, subd. (a)), and that he had served three prior prison terms ( 667.5, subd. (b)). The trial court sentenced defendant to the indeterminate term of 50 years to life consecutive to the determinate term of 30 years. The court also ordered defendant to pay various fees and fines, including a restitution fine and a suspended parole revocation fine, each in the amount of $10,000. On appeal defendant contends that: (1) he was denied a fair trial when a prosecution witness testified that he was homeless; (2) he was deprived of due process as he was subjected to an impermissibly suggestive pre-trial identification procedure; (3) the judgment must be reversed due to the cumulative prejudice from the above errors; (4) the trial court erred by failing to stay under section 654 the term imposed on one of the dissuading-a-witness counts; and (5) the abstract of judgment must be modified to reflect the correct amount of the ordered restitution and parole revocation fines. Court order the abstract of judgment modified to conform to the ordered restitution and parole revocation fines, and affirm the judgment as so modified.
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