The People v. Morris CA2/2

Filed 9/4/13 P. v. Morris CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B242115

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA369349) v.

DARNELL MAURICE MORRIS,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County. Dennis J. Landin, Judge. Affirmed.

A. William Bartz, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Darnell Maurice Morris (defendant) appeals from his conviction of two counts of kidnapping. He contends the admission of a 911 call, placed by an unidentified caller, resulted in a violation of his Sixth Amendment confrontation rights. We conclude the contention was not preserved for review, lacks merit and that defendant was not harmed by the statements. We affirm the judgment. BACKGROUND Procedural history Defendant and codefendant Will Brown (Brown) were charged in count 1 with kidnapping to commit rape in violation of Penal Code section 209, subdivision (b)(1),1 and in count 2 with kidnapping in violation of section 207, subdivision (a).2 In addition, the information alleged for purposes of the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subd. (b)) and for purposes of section 667, subdivision (a)(1), that in 2007 defendant had suffered a prior conviction of attempted robbery. A jury found defendant guilty of both counts as charged. When the prosecution did not proceed on the prior conviction allegation, it was dismissed by the trial court. On June 13, 2012, the trial court sentenced defendant to life in prison on count 1. The court imposed and stayed the middle term of five years as to count 2. The court also imposed mandatory fines and fees and ordered defendant to provide a DNA sample and fingerprint impressions. Defendant was given custody credit of 937 days, which was comprised of 815 actual days of custody and 122 days of conduct credit. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence Daisy C. (Daisy) went out with friends during the evening and early morning hours of March 20, 2010. Afterward, as she was walking alone toward her cousin‟s house, a white four-door car stopped near her and a man who was a stranger to her