Carter

People v. Carter

Good Law
105 Cal. Rptr. 3d 805·182 Cal. App. 4th 522·2010 Cal. App. LEXIS 245
Court of Appeal of CaliforniaFebruary 26, 2010B210203California4,363 words

Opinion

Opinion

Rubin, J.

Defendant Myles S. Carter appeals from his conviction of second degree robbery. He contends the trial court erred in (1) denying his Marsden motion; (2) denying his motion to suppress; and (3) failing to give pretrial instructions. We affirm.

FACTS

Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357 [ 75 Cal.Rptr.3d 289 , 181 P.3d 105 ]), the evidence established that about 3:45 p.m. on December 14, 2007, Elizabeth Tamayo was working alone at the front counter of a fast-food restaurant in Whittier, while all of her coworkers were working in the back of the restaurant. Defendant entered the restaurant wearing blue jeans, a black hooded sweater and sunglasses; his hands were in the front pockets of the sweater and the hood was pulled up and down over his forehead. He handed Tamayo a note that read, “Give me all the money and don’t say anything.” Understanding that she was being robbed, Tamayo gave defendant all of the money in two cash registers. Defendant put the money in his pockets, retrieved his note and walked out of the restaurant without ever having said a word.

Later that afternoon, police brought Tamayo to a location…

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