(Super. Ct. No. 09F03756)
The opinion of the court was delivered by: Hull , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Following a jury trial, defendant Antwine Theodore Williams was convicted of second degree robbery (Pen. Code, § 211; undesignated statutory references that follow are to the Penal Code). The trial court sustained prior strike and serious felony allegations (§§ 667, subds. (a)(1), (b)-(i), 1170.12) and sentenced defendant to 15 years in state prison.
On appeal, defendant contends the trial court erred in finding his prior Illinois conviction for armed robbery was a serious felony and a strike, and that allowing records of his prior convictions to be authenticated by affidavit violated his Sixth Amendment right to confrontation. In addition, we deem him to have raised the issue of whether the trial court violated the rule of Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (Apprendi) by making factual findings regarding his prior convictions. We affirm the judgment.
We briefly summarize the facts of defendant's crime, which are unnecessary to the resolution of this appeal.
Edward M. was waiting at a Sacramento bus stop when defendant offered to sell him a bus pass. After Edward M. purchased a pass, defendant badgered him to buy another. When Edward M. refused, defendant punched Edward M. in the face, choked him, and pounded his head against the bus stop. Defendant then took Edward M.'s wallet and walked away quickly. A nearby police officer detained defendant.
Defendant contends the trial court erred in finding his 2002 Illinois conviction for armed robbery (720 ILCS 5/18-2(a)(1)) was a serious felony and a strike. He asserts the People presented no evidence at the trial on the strike and serious felony allegations related to the conduct which led to the prior conviction. Applying the "least adjudicated elements" test, defendant concludes the Illinois armed robbery statute is broader than its California counterpart as the Illinois statute is a general intent crime which does not require an intent to deprive the owner of the property for a substantial amount of time.
After the parties rested, the trial court held a hearing on the People's in limine motion to treat one of defendant's two prior Illinois convictions for armed robbery as a serious felony and strike. Attached to the People's motion were copies of the record of his convictions, the indictment, and a transcript of his change of plea hearing.
The Illinois record of conviction related defendant's conviction on two counts of armed robbery (720 ILCS 5/18-2(a)(1)) in 2002. The indictment stated defendant and co-defendants: "Knowingly took Similac baby formula from the person or presence of Clarence Moore, by the use of force or threatening the imminent use of force, and they carried on or about their person or were otherwise armed with a dangerous weapon other than a firearm, to wit: a baseball bat."
The transcript of the change of plea hearing for the Illinois convictions contained the following factual basis for the plea:
"[T]his incident occurred on July 24th of 2001 at St. Ambrose Church, which is located in the city of Chicago. At approximately noon on that date, the defendant went to the church and was denied baby formula due to lack of proper documentation. The two victims: Mr. Benny Thigpen and Mr. Clarence Moore are workers at the food pantry at St. Ambrose. The defendant then left.
"And approximately an hour later the defendant returned while armed with a bat along with two co-defendants: Contrell Williams and Vernell Anderson. All three individuals entered the church. Vernell Williams, Antwine Williams, and Contrell Williams entered the area.
"It was a 67-year-old woman seated in the church food pantry waiting to pick up her food, and she was struck in the head with a bat and fell to the ground. At which time [the] other defendants went to the back where Mr. Thigpen and Mr. Moore were both--Mr. Thigpen ...