Ratliff

People v. Ratliff

Good Law
189 Cal. App. 3d 696·1987 Cal. App. LEXIS 1400·234 Cal. Rptr. 502
Court of Appeal of CaliforniaFebruary 17, 1987B018433California1,719 words

Opinion

Opinion

Hastings, J.

—Following a jury trial the defendant Michael Elvis Ratliff was found guilty of robbery (Pen. Code, § 211). It was further found that a principal in the robbery was armed within the meaning of Penal Code section 12022, subdivision (a). He was sentenced to state prison for six years.

He appeals contending (1) that evidence that defendant’s alibi witnesses had not volunteered their information to the police was irrelevant, highly prejudicial and infringed upon defendant’s state constitutional right not to reveal his alibi witnesses to the prosecution, and (2) that he was improperly denied credit for time served after he was sentenced on an unrelated felony conviction from Ventura County.

As Mr. and Mrs. Leroy Jones left a nightclub on the comer of 120th Street and Western Avenue, at approximately 1:45 a.m. on April 6, 1985, they noticed defendant, a light-skinned Black man with green or hazel eyes, standing a few feet away. Mrs. Jones remarked that defendant resembled her brother and Mr. Jones agreed.

A few minutes later, they got into their car and a small blue car containing two men pulled up beside them and stopped. Defendant was the driver. The passenger pulled a gun…

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