People v. Lopez CA3

Filed 7/17/15 P. v. Lopez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo)

THE PEOPLE, C074522

Plaintiff and Respondent, (Super. Ct. Nos. CR-F-12-2836 & v. CR-F-10-5556)

JOEY ALFREDO LOPEZ,

Defendant and Appellant.

Defendant Joey Alfredo Lopez appeals his convictions for robbery, with personal use of a firearm; two counts of assault with a firearm, with personal use of a firearm; burglary, with personal use of a firearm; and possession of a firearm by a felon. He contends the trial court abused its discretion in admitting evidence of a prior bank robbery to prove identity and common scheme or plan. We affirm. BACKGROUND In the early evening of June 20, 2012, a man entered the Cigarette Stop tobacco store armed with a shotgun. He cocked the shotgun and pointed it at the store’s owner Hiteshwar Nahal and an employee Mohammad Yassar. The gunman demanded money from Nahal, saying, “money, money . . . I need more money.” Nahal went to the register,

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gave the gunman all the cash inside, about $100, and said, “I give you money . . . [d]on’t kill me.” The gunman also took a number of T-shirts, including several extra-large Pro Cali shirts, and Nahal’s cell phone. As he left the store, he told Yassar and Nahal to lie down. Yassar was so frightened he stopped thinking. He put his hands up and lay down on the floor. He did not understand the man, but was afraid he would be shot. He stayed prone on the floor until the gunman left the store. Nahal described the gunman’s clothing as wearing a long-sleeved T-shirt, black and red shorts, and white shoes. He also noticed the robber had a zigzag tattoo on the back of one leg below the knee; he thought it looked like a snake. Dino Clark was in his car in the parking lot behind the store. He saw a man with a limp walking toward him from the rear of the tobacco store. Clark saw the man had a shotgun or rifle tucked under his clothing; the barrel was poking through the bottom of his pants leg. The man appeared to be Hispanic and in his late 20’s. He was wearing a baseball hat, white T-shirt, and shorts. The man went to a dark colored Chevrolet with faded dark paint, opened the door, and tossed his gun and a bag of shirts inside. Another man was in the driver’s seat, the gunman got into the passenger seat and they drove away. Clark noticed the first two characters of the license plate were “6-V.” Clark went into the store and Nahal told him the store had been robbed, so they called 911. Nahal’s store had multiple surveillance cameras. The surveillance tapes showed the gunman was wearing a long-sleeved T-shirt, an Oakland Raiders baseball cap, black shorts, and white shoes. Yassar, Nahal, and Clark each identified defendant in a photo lineup as the man who robbed the store. Each also identified defendant in court as the perpetrator of the robbery. Yassar was only 60 to 70 percent certain of his identification.