People v. Ross CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant Nicholas Ross of carjacking (Pen. Code, 1 § 215 ; count 1) and second degree robbery (§ 211; count 2). The trial court sentenced

him to a term of 20 years plus an indeterminate term of 25 years to life.

On appeal, defendant contends his conviction must be reversed for evidentiary,

instructional, and cumulative error. He also argues his sentence was improperly imposed

and amounts to cruel and unusual punishment. We find no error and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Around 10:45 p.m., C.F. and his girlfriend, D.S., were sitting in his parked car, a

silver Acura, when a man approached them while pointing a handgun at C.F. The man

opened the driver’s door, told C.F. to “get running,” and grabbed C.F.’s cell phone off of

his lap. C.F. and D.S. got out of the car and ran to a nearby store to call C.F.’s sister,

who picked them up within five minutes. After dropping off D.S., C.F. went home and

called 911.

San Bernardino Police Officer Steven Kaufer responded in five to 10 minutes.

C.F. told Officer Kaufer that his car was a silver Acura. He described the assailant as a

thin Hispanic man, about 5’7”,…