California v. Pride

Chaz Nasjhee Pride was convicted by jury of robbery, which found true allegations he committed the robbery for the benefit of, or at the direction of, and in association with a criminal street gang. In a bifurcated proceeding, Pride admitted two prior prison offenses and the court found true allegations Pride previously committed a strike offense and a serious felony prior. 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. On appeal, Pride contended his rights under the Fourth Amendment to the United States Constitution and the Electronic Communications Privacy Act 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. The Court of Appeal concluded there was no violation of Pride's rights. In supplemental briefing, however, the State conceded the matter should have been 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 California Penal Code sections 667 and 1385. Accordingly, the matter was remanded for the limited purpose of allowing the trial court to consider whether to dismiss or strike the Penal Code section 667 (a) enhancement and, if so, to resentence Pride accordingly. In all other respects, the Court affirmed Pride's conviction. View "California v. Pride" on Justia Law