People v. Cervantes CA2/7

INTRODUCTION

A jury convicted Michael Anthony Cervantes of attempted robbery, carjacking, unlawful taking or driving of a vehicle (“joyriding”) and robbery and found true related gang and firearm allegations. The trial court sentenced Cervantes to state prison for a term of 15 years to life plus 10 years. Cervantes appeals, challenging the sufficiency of the evidence and claiming one witness’s testimony was improperly admitted. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

September 19, 2010.1 At about 3:20 a.m. on September 19, 2010, Cesar Bugarin was leaving work in his red 2003 Dodge Ram truck when a silver Avalanche with four passengers inside pulled up in front of Bugarin and blocked his path. Two bald Hispanic males between the ages of 17 and 19 wearing big loose shirts got out of the Avalanche and approached Bugarin. Based on their appearance, Bugarin believed they were gang members. One pointed a “silver chrome plated” gun to Bugarin’s temple and told him to get out of the truck. The men took Bugarin’s cell phone, hat, credit cards and $800 in cash and drove away in Bugarin’s truck. September 24, 2010. At about 8:30 a.m. on September 24, 2010, Christopher Hall was listening…