People v. Coulter CA5

INTRODUCTION

Defendants Timothy Leo Coulter (Coulter), Mitchell Collison Troupe (Troupe), and Susanna Ferreira (Ferreira) were jointly tried and convicted by a jury of multiple felonies based on commercial burglary and intent to steal from Walmart in Sonora. Coulter and Troupe have filed separate appeals in this consolidated case; Ferreira is not part of this appeal. Coulter contends the court erroneously permitted the prosecutor to introduce evidence of his prior theft-related convictions to impeach his exculpatory hearsay statements. Troupe contends the court erroneously admitted Ferreira’s pretrial statements in violation of People v. Aranda (1965) 63 Cal.2d 518 (Aranda) and Bruton v. United States (1968) 391 U.S. 123 (Bruton). We affirm.

FACTS

Coulter and the fishing poles On July 2, 2013, video surveillance cameras at Walmart in Sonora showed Coulter enter the store through the garden center doors around 5:30 p.m. He walked through the store, went through various aisles, and arrived at the back corner of the sporting goods department. Coulter selected two fishing poles and walked away from the display. Melissa Dobbs (Dobbs), the store’s plainclothes asset protection agent,…