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The People v. Edward Francis Sciosciole

April 13, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EDWARD FRANCIS SCIOSCIOLE, DEFENDANT AND APPELLANT.



(Super. Ct. No. 62098019)

The opinion of the court was delivered by: Raye , P. J.

P. v. Sciosciole

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm the judgment.

On April 7, 2010, defendant Edward Francis Sciosciole walked into a Wells Fargo bank, approached the bank service manager at a sit-down teller station, pulled a piece of paper from his pocket, and held it in front of the manager. The paper read, "This is a robbery." Feeling threatened and frightened, the manager opened her money drawer, removed $3,810, and pushed it toward defendant. While she was collecting the money, defendant told her he wanted all of her money, did not want any tracking or dye packs, and she was not to try any "funny business" or to set off the alarm. Defendant took the money, put it into a black plastic bag he had with him, and put it under his sweatshirt. He then got up and walked out of the bank.

As soon as defendant turned to leave, the manager hit the alarm and alerted another teller and two bankers that she had just been robbed. The bankers followed defendant to the door. One of the bankers saw defendant run in the direction of the nearby Heritage Inn.

A video recording from the bank's surveillance camera showed defendant passing the demand note to the manager, taking the money, and turning to leave the bank. The manager and one of the bankers both identified defendant in a photo lineup shortly after the robbery.

On the same day as the robbery, a police detective went to the Heritage Inn. After verifying that defendant had checked into the inn the day before, the detective searched his room. The room had been cleaned but not re-rented. The detective found a crumpled black sweatshirt stuffed underneath the bathroom sink, and a light gray knit cap and an empty bottle of Vaseline in between the bed mattress and box springs. The sweatshirt appeared very similar to the sweatshirt defendant wore during the robbery. Defendant had also worn a gray knit cap or beanie and jeans during the robbery.

Detectives then went to a residence to which defendant had a connection and contacted defendant. There was laundry being done in the laundry room. The detectives stopped the cycles of both the washer and dryer, examined the clothing inside, and found a pair of jeans and a couple of dark-colored sweatshirts. In a nearby trash can, detectives found a wadded, black, torn-open trash bag that they noted was consistent with the type used by the janitorial staff at the Heritage Inn. They also located a gray cap, consistent in appearance to the one defendant wore during the robbery, on a nearby shelf.

Defendant was arrested. Thereafter, the bank service manager and one of the bankers both positively identified defendant in an in-field show-up.

The jury found defendant guilty of second degree robbery by means of force and fear. (Pen. Code, § 211.)*fn1 Defendant thereafter admitted he had three prior serious felony convictions (§ 667, subd. (a)), each of which qualified as prior strikes (§ 1170.12), and had served a prior prison term (§ 667.5, subd. (b)).

Prior to sentencing, defendant filed a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) asking the trial court to dismiss two of his prior strike convictions. After hearing argument from counsel, the trial court denied defendant's Romero motion and sentenced him to 30 years to life as follows: a third strike sentence of 25 years to life for the second degree robbery, and a consecutive five years for one of the prior convictions. The ...


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