People v. Syas CA3

Filed 12/23/14 P. v. Syas CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C071789

Plaintiff and Respondent, (Super. Ct. No. 11F00984)

v.

ROBERT SYAS,

Defendant and Appellant.

A complaint deemed an information charged defendant Robert Syas with murder (Pen. Code, § 187, subd. (a)) and further alleged he had personally used a hammer and a knife (Pen. Code, § 12022, subd. (b)(1)). A jury found defendant guilty of first degree murder and found the personal use allegations true. The trial court sentenced defendant to state prison for an indeterminate term of 25 years to life plus a determinate term of one year on the personal use enhancement. Defendant appeals, contending: (1) insufficient

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evidence supports his murder conviction as well as the jury’s finding of premeditation and deliberation; and (2) the trial court erred in admitting certain third party testimony regarding the victim’s statements. Disagreeing, we shall affirm the judgment. FACTS On February 5, 2011, Pamela Johnson’s son, Kenneth, found her badly beaten on the floor of her apartment. There was blood on her clothing, as well as the carpet, furniture, ceiling, air conditioner, and window blinds. She was deceased when emergency personnel arrived. Sacramento sheriff’s deputies found a bent and bloody kitchen-type knife in one of the couches and a bloody hammer behind the cushion of the love seat. The cause of death was a combination of blunt injuries to the head followed by sharp injuries to the neck. Pamela had been hit with a blunt object at least 30-37 times and cut or stabbed with a sharp object 10 times. She had 17 lacerations on her head, six to eight bruises on her face and scalp, and multiple skull fractures. Her left eye socket was fractured into multiple pieces. She had a rectangular bruise and a scratch on her neck; bruising on her chest, breasts, arms, and hands; and a broken finger. These injuries were consistent with defensive injuries to ward off the blunt force injuries to her head. Her injuries were consistent with being struck by both the blunt edge and the claw of the hammer found at the scene. She had small stab wounds on her torso that were consistent with the tip of a knife encountering her body. She had four stab wounds to her neck -- one to the back of her neck and three on the left side -- and a large slash wound across the front of her neck, caused by a deep cutting motion with several stops and starts. The slash wound completely severed her upper airway, and cut part way through her common carotid artery and the internal jugular vein. The medical examiner opined the stab and slash wounds were inflicted after the blunt force trauma injuries. At the time she was stabbed and slashed, Pamela was unconscious and barely breathing.