People v. Wallis CA3

Filed 9/29/14 P. v. Wallis CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE,

Plaintiff and Respondent, C074972

v. (Super. Ct. Nos. 12NCR09406 & 13NCR09623) RAY LEE WALLIS,

Defendant and Appellant.

A jury convicted defendant Ray Lee Wallis of home invasion robbery in concert and possession of methamphetamine. The trial court sentenced him to 10 years eight months in state prison. Defendant now contends the prosecutor engaged in prejudicial misconduct during closing argument, depriving defendant of his due process right to a fair trial. We

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conclude the prosecutor’s comments in closing argument did not rise to the level of misconduct. We will affirm the judgment. BACKGROUND A Sarah Martin invited Michael Brown to her apartment. Martin initially told Brown they were alone, but then a man Brown knew as Watts entered from another room. Two other men, defendant and Torreno, also entered the apartment. Torreno alleged that Brown had called him “a punk” the year before; when Brown denied any recollection of the alleged slight, Torreno began assaulting Brown. Defendant and Watts also hit Brown during the altercation. Torreno displayed a knife and demanded Brown’s wallet and phone. By that time, defendant stood by the door to prevent others from entering the apartment. Torreno returned Brown’s driver’s license and social security card and Brown left the apartment. Brown did not report the incident to the police because he hoped to retaliate and retrieve his wallet and phone himself. A short time later, as Brown was waiting outside a nearby bar, he saw defendant approach alone. When Brown confronted defendant, defendant returned Brown’s phone and took him to where he was storing the wallet. When Brown said his money ($263) better be in the wallet, defendant was surprised; defendant said he had been told there was no money in the wallet. Defendant subsequently confronted Watts about the money because he was upset he did not receive his share. Some time later, defendant apologized to Brown for the incident. Defendant testified that Martin had invited him to the apartment. When he returned to the apartment after smoking a cigarette, Torreno was confronting Brown. Defendant said he never hit Brown, but when Brown approached him by the door, defendant pushed Brown away. Defendant claimed that he tried to de-escalate the