Myers

People v. Myers

Good Law
174 Cal. Rptr. 3d 447·2014 Cal. App. LEXIS 611·227 Cal. App. 4th 1219·2014 WL 3387986
Court of Appeal of CaliforniaJuly 11, 2014B249607California2,951 words

Opinion

Opinion

Chaney, J.

Derrick Myers appeals from a judgment entered following a jury trial in which he was convicted of second degree robbery of a motel, contending evidence of a prior robbery was inadmissible to prove common plan or design, intent, or absence of mistake under Evidence Code section 1101, subdivision (b). Myers also contends oral testimony of the contents of a surveillance video showing the robbery constituted inadmissible hearsay. We affirm.

Statement of Facts

From May 13, 2012, to May 16, 2012, Myers, a resident of San Bernardino, stayed at his niece’s apartment in Lancaster. While there, he borrowed a red USC Trojans jacket and a bicycle.

Around 2:00 a.m. on May 16, 2012, Myers, wearing the red USC Trojans jacket, rode a bicycle up to the front door of the Inn of Lancaster (the Inn). Christopher Hurst, the night clerk, unlocked the door electronically, and Myers entered and approached the counter where Hurst sat. Myers asked Hurst about the cost of a room, told him he would return with money, and left. Approximately 15 minutes later, Myers returned. He pressed what appeared to be money up to the glass door of the Inn and Hurst unlocked the door. Myers asked Hurst if he…

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