P. v. Rodgers CA1/5

Filed 7/16/13 P. v. Rodgers CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A135209 v. RONNIE RODGERS, (San Francisco City and County Super. Ct. No. 2353889) Defendant and Appellant.

Ronnie Rodgers was charged with attempted murder, assault with a deadly weapon, and making criminal threats after attacking a hotel manager with a pair of scissors. The jury heard evidence of four prior stabbing incidents by Rodgers, with consideration of the evidence limited to the issue of whether Rodgers acted with the intent to kill in the current assault. The jury acquitted Rodgers of attempted murder, but convicted her of the other charges. Rodgers argues the limiting instruction given to the jury improperly allowed the jury to consider the prior bad acts evidence with respect to the criminal threats charge. We disagree and affirm. I. BACKGROUND In February 2008, Ronnie Rodgers was charged with attacking Shaker Dahud with a pair of scissors at the Hurley Hotel in the Tenderloin neighborhood of San Francisco. The operative second amended information charged Rodgers with attempted murder (Pen. Code, §§ 664, 187, subd. (a);1 count 1); assault with a deadly weapon (scissors)

1 All statutory references are to the Penal Code unless otherwise indicated.

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(§ 245, subd. (a)(1); count 3); and making criminal threats (§ 422; count 5).2 As to count 1, it was alleged that Rodgers used a deadly weapon (scissors). (§ 12022, subd. (b)(1).) As to all counts, it was alleged that Rodgers was ineligible for probation pursuant to section 1203, subdivision (e)(4); that she had two prior convictions within the meanings of section 667, subdivisions (a)(1), (d) and (e) and section 1170.12, subdivisions (b) and (c); and that she had served a prior prison term within the meaning of section 667.5, subdivision (b). A. Trial Evidence on Charged Offenses In July 2007, Dahud became the manager and Harold Hunt became the assistant manager of the Hurley Hotel, where Ronnie Rodgers lived. Dahud testified that Rodgers struggled with “constant alcohol and drug addiction,” drank alcohol and smoked crack cocaine, and would stay up all night yelling and screaming. She frequently yelled in a “violent” tone in her room, in the lobby, and on the street, and she would curse and make threatening statements. In about January 2008, Dahud evicted Rodgers due to this behavior and helped move her to a different hotel. Rodgers, however, would frequently come back to the Hurley and ask Dahud, Hunt and others for money. Dahud often gave her money because she was loud, “in your face,” and would not take no for an answer.3 On February 4, 2008, Rodgers came by the hotel three times. On the first two occasions, Dahud noticed that she was under the influence of alcohol or drugs. When she returned at 11:00 p.m., she was violent and loud as usual. Hunt buzzed her in through the outside front door, then slightly opened the door to the lobby. Rodgers pushed by him, entered the lobby, and walked into the office where Dahud was situated. She loudly yelled, cursed and asked for money. Dahud told her he had no money, yelled at her to leave, and pushed her away. 2 The information included additional charges and allegations that were dismissed during trial. 3 Hunt similarly testified that Rodgers regularly got high or drunk when she received money at the beginning of each month, and when she got high she became a different person, “like a [were]wolf,” and would scream at all hours of the night. However, Hunt never had any violent incidents with Rodgers or known her to be violent.