People v. Davis CA3

Filed 6/18/14 P. v. Davis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C074092

Plaintiff and Respondent, (Super. Ct. No. 11F04134)

v.

ROBERT EDWARD DAVIS,

Defendant and Appellant.

On June 4, 2011, an armed man wearing a hooded sweatshirt and a bandana covering his face entered three different businesses -- a thrift shop, a Taco Bell, and a gas station market -- and demanded money. Eyewitness accounts, clothing recovered by police, video surveillance footage from each of the incidents, and phone calls he made while in police custody linked defendant Robert Edward Davis to the crimes. Defendant was charged with multiple counts of robbery in two separate cases. Prior to trial, the People filed a motion to consolidate the two cases. The trial court granted the motion over defendant’s objection. The jury found defendant guilty of three counts of second degree robbery and two counts of attempted second degree robbery.

1

On appeal, defendant contends the trial court abused its discretion when it consolidated the two cases. Defendant also argues the consolidated trial violated his right to a fair trial. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND I The Thrift Store Robbery On June 4, 2011, at 2:00 p.m., an “African-American” man wearing a “gray” or “black” hooded sweatshirt, a “black beanie” underneath the sweatshirt, and a “dark bandana” or “scarf” covering his face entered The Thrift Store.1 The man walked up to the cash registers, where two clerks were standing, pulled out a “black, shiny” long- barreled2 gun, and said “I want your money. I’m not playing” to one of the clerks. After failing to take money from the first register, the man pointed the gun at the other clerk and unsuccessfully attempted to take money out of the other register. He left The Thrift Store without taking any money. At trial, both clerks viewed surveillance footage and testified that it accurately depicted the attempted robbery. II Taco Bell Robbery Approximately 30 minutes after the attempted robbery at The Thrift Store, a “black [man] . . . [wearing] a dark gray sweatshirt” “with the hood over his head,” “dark jeans,” “a blue scarf across his face” and a “revolver with a long barrel,” walked into a Taco Bell. The man walked to the cashier, pulled out the long-barreled “pistol,” which looked like a “cowboy gun,” and told the shift manager, “[g]ive me the money or I’ll