(Super. Ct. No. SF114762A)
The opinion of the court was delivered by: Duarte , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
As octogenarians Lawrence and Rosina Arebalo were unloading their car and putting away groceries, defendant Willie Simpson entered their garage and then their house, assaulted both of them, and stole Rosina's purse.*fn1 A jury convicted defendant of first degree robbery (Pen. Code,*fn2 § 211) and first degree burglary (§ 459), both with an enhancement for crimes against the elderly (§ 667.9, subd. (a)), and two counts of misdemeanor elder abuse (§ 368, subd. (b)(1)). The trial court found true allegations that defendant had a strike prior (§§ 667, subd. (b)-(i); 1170.12), a prior serious felony conviction (§ 667, subd. (a)), and had served a prior prison term (§ 667.5, subd. (a)) for attempted robbery in case No. SF097665A.
Sentenced to 19 years in prison, defendant appeals. He contends the trial court erred in admitting his confession, which he claims was coerced, and that his counsel was ineffective in litigating the suppression motion.
We find defendant's confession was voluntary and there was no ineffective assistance of counsel. However, because the trial court improperly imposed enhancements under both section 667, subdivision (a) and section 667.5, subdivision (a) for the same offense, we stay execution of sentence on the lesser enhancement. With that modification, we otherwise affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Rosina lived with her husband Lawrence and her twin sister. On the morning of April 23, 2010, the two women went grocery shopping. First, they stopped at the bank where Rosina withdrew $600. They returned home with the grocery bags in the trunk of the car. Lawrence came out to the garage to unload the groceries.
As Lawrence was unloading the bags, defendant grabbed him from behind and forced him to turn around, tearing his trousers. Defendant told Lawrence he was going to rob him. Lawrence yelled, "help." Rosina opened the door to the garage and came face to face with defendant, whom she described as a "monster." Defendant punched her and she fell; he hit her again as she tried to get up. Defendant took Rosina's purse and fled through the garage; as he ran past Lawrence, defendant pushed Lawrence against the car.
Heather and Donald Ferido were driving by when they saw defendant running out of the Arebalos' garage with something under his arm. Defendant entered a van through an already open driver's door. The Feridos wrote down the license plate number of the van and went to be with the Arebalos. When the police arrived, Donald Ferido gave an officer the van's license plate number.