People v. Harris CA2/7

Filed 4/21/15 P. v. Harris CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B255195

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA096559) v.

FREDRICK HARRIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Mary Sanchez and Esther P. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

__________________

Fredrick Harris was convicted by a jury of robbery and aggravated assault. On appeal Harris contends the trial court erred in admitting evidence of a prior uncharged attempted robbery. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Information An amended information charged Harris with second degree robbery (Pen. Code, § 211)1 and assault with a deadly weapon (§ 245, subd. (a)(1)). As to both counts it was specially alleged Harris had personally inflicted great bodily injury (§ 12022.7, subd. (a)). Harris pleaded not guilty and denied the special allegation. 2. The Trial Paul Snyder testified at trial he was at the Metro Blue Line station in Long Beach around 4:00 a.m. on October 4, 2012, sitting cross-legged on the platform with his backpack. He was recharging his cell phone and ankle monitoring bracelet when Harris approached and said, “Sorry, old man, I need a phone.” Harris then grabbed Snyder’s cell phone and punched him. As Snyder moved away, Harris attempted to kick him. A flashlight fell out of Snyder’s backpack; Harris picked it up; and, standing behind Snyder, he used it to hit Snyder on the head. Snyder fled, screaming for help. Harris took the backpack and ran. The wound on Snyder’s head required four staples and left a two-inch scar. A video recording of the incident from a station surveillance camera was played for the jury. The prosecutor, over Harris’s objection, introduced evidence that on October 5, 2012, the day after the incident with Snyder, Janet Cuevas and Robert Gorbea were attacked by Harris on a Metro Blue Line train. Both Cuevas and Gorbea testified at trial. Gorbea was riding the Blue Line around 8:00 a.m. when he heard Harris shouting profanity at other passengers. Cuevas was sitting on the train with her purse on her lap, applying makeup, as she usually does while riding the train to work. Cuevas noticed Harris standing a seat away from her, staring at her and mumbling to himself, which