People v. Pulley CA5

INTRODUCTION

Mickey Larnell Pulley (defendant) and Heather Rayford robbed several cigarette cartons from a gas station and a television (TV) from a store. Defendant was convicted of only one count of robbery and sentenced to 10 years in prison. Defendant appeals his conviction and argues that the evidence was insufficient to prove that he did not take the TV under a claim of right, the trial court abused its discretion and denied him a fair trial by excluding evidence of Rayford’s exculpatory statements to law enforcement, and that the trial court’s instruction to the jury as to his claim-of-right defense was vague and an incorrect statement of the law. We conclude that defendant’s conviction is supported by sufficient evidence, the trial court did not abuse its discretion in excluding Rayford’s post-Miranda1 exculpatory statements as untrustworthy, and the trial court’s instruction pursuant to CALCRIM No. 1863 was a correct statement of the law. We affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed an information on January 28, 2021, charging defendant with three counts of robbery (Pen. Code, § 212.5, subd. (c); counts 1– 3) and alleging as…