People v. Cantrell

[1163]

Opinion

GAUT, J.

1. Introduction

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A jury convicted defendant of one count of first degree residential burglary and one count of attempted second degree robbery. (§§ 459, 664, 211.) Defendant admitted two prior convictions from June 1982 and April 1997. (§ 667.5, subd. (b).) The court sentenced defendant to a total sentence of nine years in prison.

On appeal, defendant argues the court erred in denying his motion for new trial. Defendant challenges CALCRIM No. 223 and his two-year sentence on count 2. We affirm the judgment with directions.

2. Facts

Juan Martinez testified he met defendant and his girlfriend panhandling outside a restaurant. Defendant said they were homeless and hungry and Martinez bought them some food. Martinez returned to his nearby hotel room and retired for the night. Martinez saw defendant again the next day at a coffee shop. About an hour later, defendant knocked on Martinez’s hotel room door. Martinez opened the door and defendant hit him in the face several times, causing Martinez to fall down. Defendant demanded money and began throwing items around the room. He grabbed Martinez’s wallet and emptied it on the bed. The wallet contained credit cards but no money. The incident lasted a few minutes.

Martinez called the 911 operator and the police responded immediately. Martinez’s face was bruised and bleeding. The police, with Martinez accompanying them, found defendant at a bus stop across the street from the hotel.

Martinez denied having told the police that he had dinner and drank beer with defendant and his girlfriend before going back to his hotel room together. He admitted to having a prior felony drug conviction and conviction for vandalizing property in his own home.

Defendant did not testify.

3., 4.

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