People v. Pride, 011019 CAAPP4-1, D073360

Docket Nº:D073360
Opinion Judge:McCONNELL, P. J.
Party Name:THE PEOPLE, Plaintiff and Respondent, v. CHAZ NASJHEE PRIDE, Defendant and Appellant.
Attorney:Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Meredith S. White and Laura Baggett, Deputy Attorneys General for Plaintiff a...
Judge Panel:WE CONCUR: NARES, J., HALLER, J.
Case Date:January 10, 2019
Court:California Court of Appeals
 
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THE PEOPLE, Plaintiff and Respondent,

v.

CHAZ NASJHEE PRIDE, Defendant and Appellant.

D073360

California Court of Appeals, Fourth District, First Division

January 10, 2019

APPEAL from a judgment of the Superior Court of San Diego County, No. SCD272182 Louis R. Hanoian, Judge. Affirmed and remanded for further proceedings.

Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Meredith S. White and Laura Baggett, Deputy Attorneys General for Plaintiff and Respondent.

McCONNELL, P. J.

INTRODUCTION

A jury convicted Chaz Nasjhee Pride of robbery (Pen. Code, § 211; count 1)1 and found true allegations he committed the robbery for the benefit of, or at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)).2 In a bifurcated proceeding, Pride admitted two prior prison offenses (§§ 667.5, subd. (b), 668) and the court found true allegations Pride previously committed a strike offense (§§ 667, subds. (b)-(i), 668, 1170.12) and a serious felony prior (§§ 667.5, subd. (a), 668, 1192). The court sentenced Pride to 21 years in prison based upon six years for the robbery (double the midterm of three years) plus 10 years for the gang enhancement and five years for the serious felony prior. The court struck one of the prison prior allegations and stayed punishment on the second prison prior because it arose from the same conduct that resulted in the serious felony prior.

Pride contends his rights under the Fourth Amendment to the United States Constitution and the Electronic Communications Privacy Act (ECPA) (§ 1546, et seq.) were violated when a police detective viewed and saved a copy of a video Pride posted on a social media account shortly after the robbery depicting Pride wearing a chain taken in the robbery. Having reviewed the record in this case as well as the transcript of the in camera proceeding, we conclude there was no violation of Pride's rights.

In supplemental briefing, however, the People concede the matter should be remanded for the court to consider whether to exercise its newly conferred discretion to strike the five-year serious felony enhancement pursuant to recently enacted amendments to sections 667 and 1385. Accordingly, we remand the matter for the limited purpose of allowing the trial court to consider whether to dismiss or strike the section 667, subdivision (a) enhancement and, if so, to resentence Pride accordingly. In all other respects, we affirm the judgment of conviction.

BACKGROUND

On the night of May 25, 2017, D.C. was robbed at the Imperial Avenue trolley stop near Petco Park. D.C. said he was visiting San Diego and became lost on the trolley system. He said he got off the trolley to take a taxi because he realized the trolley would not take him to his hotel. D.C. was wearing red Jordan shoes, a hat, a gold chain, and two watches.

D.C. spoke to some men who were looking for a party. D.C. invited them to his hotel and told them he was looking for marijuana. He followed the men into a parking lot where another group of men was standing. D.C. asked where he could get some marijuana. Someone yelled, "This is West Coast" and then took D.C.'s shoes, hat, iPad, money, watches, and chain.

After the assault, D.C. called 911 at 10:29 p.m. and reported he was robbed a few minutes earlier. He said he was jumped by a group of five males who took his iPad, shoes, money, and a credit card. He believed they were gang members.

The responding officer observed abrasions on D.C.'s left elbow and lacerations or abrasions to his forehead. D.C. also had marks on the side of his face which appeared consistent with someone kicking him. D.C. was not wearing shoes. He did not have a hat, a watch, or a chain.

D.C. reported a male with a scar along his jawline was among the individuals involved in the incident. D.C. identified Pride in court as the individual with the scar. According to D.C., Pride said, "This is West Coast" or "West Coast Crips" and the group jumped him. Pride took D.C.'s necklace. D.C. said the group also took his two gold watches, red shoes, $2, 700 in cash, and an iPad.

Video surveillance at 9:50 p.m. showed D.C. wearing red shoes and a baseball hat. A few minutes later D.C. was seen talking with a group of males until approximately 10:05 p.m...

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