P. v. Regalado CA5

Filed 7/30/13 P. v. Regalado CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F064459 Plaintiff and Respondent, (Super. Ct. No. SF016310) v.

CHRISTOPHER REGALADO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Gregory H. Mitts, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Detjen, J.

A jury convicted appellant, Christopher Regalado, of burglary (count III/Pen. Code, § 460, subd. (a))1 and two counts of robbery (counts I & II/§ 212.5, subd. (a)) and found true a personal use of a weapon enhancement (§ 12022, subd. (b)(1)) in count I. On February 22, 2012, the court sentenced Regalado to an aggregate term of six years four months: the middle term of four years on count I, a one-year weapon enhancement in that count; a consecutive 16-month term (one third the middle term) on count II; and a stayed term on count III. On appeal, Regalado contends the trial court erred when it allowed the prosecution to introduce one victim’s preliminary hearing testimony. We affirm. FACTS The Preliminary Hearing On August 8, 2012, Guillermo Canseco Damian testified at Regalado’s preliminary hearing. According to Damian’s testimony, on July 21, 2011, at approximately 2:30 a.m., Damian, his nephew Arturo Garcia and another nephew were sleeping on couches in the living room of a house at 1310 Sycamore Drive in Wasco when Damian awoke to find Regalado holding a kitchen knife to his throat. Regalado demanded money and reached into Damian’s pocket. Regalado then put the knife to Garcia’s throat and took money from him. Regalado also took a box of gloves from the residence before leaving. Regalado wore a red bandana covering his face, a black and white striped shirt, and blue or gray pants during the robbery. However, at one point Garcia grabbed the bandana and pulled it down, allowing Damian to see Regalado’s face. Kern County Sheriff’s Deputy Juan Maldonado testified he was dispatched to Damian’s house in response to the robbery. Maldonado found Regalado walking on the street approximately 150 to 200 yards away from Damian’s residence and approximately