People v. Myers

Filed 7/11/14 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B249607

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA056625) v.

DERRICK MYERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Daviann L. Mitchell, Judge. Affirmed. Randall Conner, 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, Victoria B. Wilson, Supervising Deputy Attorney General, Viet H. Nguyen, Deputy Attorney General, for Plaintiff and Respondent. ________________________________

Derrick Myers appeals from a judgment entered following a jury trial in which he was convicted of second degree robbery of a motel, contending evidence of a prior robbery was inadmissible to prove common plan or design, intent, or absence of mistake under Evidence Code section 1101, subdivision (b). Myers also contends oral testimony of the contents of a surveillance video showing the robbery constituted inadmissible hearsay. We affirm. Statement of Facts From May 13, 2012 to May 16, 2012, Myers, a resident of San Bernardino, stayed at his niece’s apartment in Lancaster. While there, he borrowed a red USC Trojans jacket and a bicycle. Around 2:00 a.m. on May 16, 2012, Myers, wearing the red USC Trojans jacket, rode a bicycle up to the front door of the Inn of Lancaster. Christopher Hurst, the night clerk, unlocked the door electronically, and Myers entered and approached the counter where Hurst sat. Myers asked Hurst about the cost of a room, told him he would return with money, and left. Approximately 15 minutes later, Myers returned. He pressed what appeared to be money up to the glass door of the Inn and Hurst unlocked the door. Myers asked Hurst if he could get a room although he was unable to get enough money to pay the full price. When Hurst told him no, Myers stated, “Here’s what I want you to do,” put his hand into his jacket pocket, and pointed something at Hurst. He told Hurst to give him the money inside the cash register and ordered him not to look at him or he would shoot him. Frightened, Hurst put his hands up, took $194 in bills out of the cash register, and placed them on the counter. Myers took the money, instructed Hurst to open the door, and rode off on his bicycle. Hurst then called the sheriff’s department and reported he had been robbed. Myers was later arrested. An information charged Myers with second degree robbery (Pen. Code, § 211). The information also included the allegation that Myers had two prior serious or violent felony convictions within the meaning of the “Three Strikes” law (Pen. Code, § 667.5, subds. (b)-(i), 1170.12, subds. (a)-(d)), two prior serious felony convictions (Pen. Code, § 667, subd. (a)(1)), and five prior prison terms (Pen. Code, § 667.5, subd. (b)).