People v. Sage CA3

── People v. Sage CA3 ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/28/26 P. v. Sage CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) THE PEOPLE, C101064 Plaintiff and Respondent, (Super. Ct. No. 23F02330) v. CHRISTOPHER JEFFREY SAGE, Defendant and Appellant. A jury found defendant Christopher Jeffrey Sage guilty of second degree robbery and two counts of assault. The trial court found true defendant had two prior strikes and two prior serious felony convictions and sentenced defendant to prison for a term of 25 years to life, plus 10 years for the prior serious felony conviction enhancements. On appeal, defendant contends the trial court violated his constitutional rights by allowing the prosecution to introduce a new theory of liability for robbery at the end of trial without giving the defense sufficient notice. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 30, 2023, A.W. was working as the manager of a large store when she saw defendant in an aisle putting items in his own bag, instead of a basket that shoppers usually use, and suspected him of shoplifting. A.W. confronted defendant and told him to return the items and leave the store. A.W. followed defendant towards the exit and 1 tried to retrieve the merchandise from the bag. Defendant dropped items as A.W. pulled at the bag. Defendant swung his right hand towards A.W.’s face. Defendant walked out of the store. A.W.’s coworker C.B. came to make sure A.W. was all right. A.W. was picking up the items defendant had dropped when he came back into the store. Defendant lunged at A.W. and C.B. with a barbecue fork. Defendant then stood outside the store talking about how life is unfair and things should be given away free. Two officers with the Redding Police Department received calls regarding a robbery at the store. One officer was shown a photograph of defendant at the store and realized he had seen him as the officer was coming to the area. The officer located defendant and detained him. A search of defendant found unopened tuna packets of a brand sold at the store and a barbecue fork. The officer transported defendant to the store where A.W. identified him as the person who had stolen items. In September 2023, defendant was charged with second degree robbery of A.W. and two counts of misdemeanor assault of A.W. and C.B., respectively. It was further alleged that defendant had three prior strikes and three prior serious felony convictions. As circumstances in aggravation, the information alleged defendant used a weapon, engaged in violent conduct that indicates a serious danger to society, had prior convictions that are numerous or of increasing seriousness, and committed the crime while on probation or parole. The jury found defendant guilty of the robbery and assault charges and found true that defendant used a weapon and engaged in violent conduct indicating a danger to society. In a bifurcated proceeding, the trial court found true (1) two of the prior strikes and two prior serious felony convictions, (2) that defendant’s prior convictions were numerous or of increasing seriousness, and (3) that he committed the current offense while on probation or parole. The trial court sentenced defendant on the rob