People v. Smith CA3

Filed 11/26/13 P. v. Smith CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C070118

Plaintiff and Respondent, (Super. Ct. No. 11F00756)

v.

RAYSHAWN DONTAY SMITH,

Defendant and Appellant.

A jury found Rayshawn Dontay Smith guilty of four counts of robbery, single counts of attempted robbery and possession of a loaded, concealed, unregistered firearm and sustained an allegation of personal use of a firearm. The trial court sentenced defendant to 20 years eight months in state prison. On appeal, defendant contends the trial court erred in admitting evidence of third parties’ attempts to change the testimony of a witness. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On December 30, 2010, just before 1:00 p.m., someone knocked on Danielle Davis’s apartment door. Thinking it was her ride, she opened the door to find defendant,

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who pushed his way in and asked if Eric was there. Defendant’s hair was in dreadlocks and he wore a distinctive looking jacket. He put a gun to the back of Davis’s head and told her to show him where the money was or he would blow her head off. Davis walked into her bedroom; defendant followed and dumped out the contents of her purse. He opened her makeup bag and looked for money. Finding none, defendant told Davis, “Have a nice day,” and left the apartment. Davis called the police after defendant left. She identified defendant as the perpetrator in a photographic lineup and at trial. She also identified a photograph of defendant’s handgun as the weapon used in the crime. Defendant’s fingerprint was found inside Davis’s makeup bag. On December 30, 2010, Vincente Tafolla stopped at a market on his way home to buy sodas and beer. As he talked to a man before entering the store, two men approached. One of the men pulled out a gun and demanded Tafolla’s wallet, threatening to kill him if he moved. The other man, whose long hair was in “braids,” took Tafolla’s wallet, which had about $30 to $40, identification, and credit cards. As the two men left, Tafolla noted one of them wore a distinctive jacket. At trial, he identified a jacket belonging to defendant as looking like the one worn by one of the robbers. Later that day, at around 9:00 p.m., Evan Xiong and his friend Jimmy were sitting in Jimmy’s car, which was parked in front of Xiong’s apartment. A red Kia pulled up behind them; a man got out of the Kia and ran toward a nearby liquor store while keeping his hands under his shirt. Suspicious, Xiong wrote down the Kia’s license plate number. A few minutes later, Xiong got out of Jimmy’s car and Jimmy drove off. Xiong saw the man from the Kia and another man running from the liquor store with their hands under their shirts. One man got in the Kia and started it. The other man ran up to Xiong, put a gun in his face, and threatened to kill him if he did not give up his wallet. Xiong gave up his wallet, which contained $150 and other items. The robber then got into the Kia, which drove off.