Cloyd

People v. Cloyd

Good Law
1997 Cal. App. LEXIS 374·54 Cal. App. 4th 1402·64 Cal. Rptr. 2d 104·97 Daily Journal DAR 6177·97 Cal. Daily Op. Serv. 3666
Court of Appeal of CaliforniaMay 14, 1997B101203California2,043 words

Opinion

Opinion

Woods, J.

A jury convicted appellant of robbery (Pen. Code, §211; statutory references, unless otherwise noted, are to the Penal Code) and, in a bifurcated proceeding, the trial court found true allegations appellant had suffered prior convictions for robbery (§§ 211, 667, subds. (b)-(i), 667, subd. (a)(1), 667.5, subd. (b)) and possession for sale of cocaine base (Health & Saf. Code, § 11351.5; § 667.5, subd. (b)). Appellant was sentenced to state prison for 15 years.

Appellant contends the trial court erred in excluding evidence the victim had two misdemeanor cases pending and had failed to appear on those cases. Appellant also contends the trial court erred in admitting the victim’s preliminary hearing testimony.

We find no error and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

On August 13, 1995, about 12:10 a.m., Doris McCalpin (victim) was walking north on Magnolia approaching 5th Street, in Long Beach, as appellant was walking south. When they passed each other appellant…

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