People v. Perryman

Opinion

LOW, P. J.

Defendant Elizabeth Ann Perryman was convicted by a jury of being an accessory after the fact for her participation in codefendant Lena Williams’s attempted robbery and deadly weapon assault upon Chong

[1548]

Daniels. (Pen. Code,

§

32.) She appeals alleging (1) evidentiary error and (2) instructional error. We affirm the judgment.

Chong Daniels was waiting at a Richmond bus stop when she was accosted from behind by Williams. Williams ordered Daniels: “Give me your purse.” Daniels refused. Williams pulled a knife, held it against Daniels’s neck and threatened to stab Daniels. Daniels could not describe the knife. When Daniels continued to refuse, Williams grabbed the purse strap and both women fell to the ground struggling. At some point, Williams cut the shoulder straps of the purse.

At this time, defendant drove up in a white Toyota, exited the car and told Daniels: “You just give her your purse. She’s not going to hurt you.” As Daniels pleaded to defendant for help, defendant placed her hand over the victim’s mouth and repeated the previous order.

Later that afternoon, Contra Costa County Deputy Sheriff Kroll arrested defendant and Williams driving in the white Toyota. A routine search of defendant uncovered a “Swiss Army” knife in her purse.

Defendant testified that she just happened upon the two women fighting as she was en route to Williams’s house. She stated that she approached the scene intending to stop the fight and did not intend to take Daniels’s purse. Defendant denied making the statements attributed to her by the victim and testified she did not see a knife.

I

*

II

Relying on

People

v.

Wesley