People v. Morris CA4/3

Filed 10/27/15 P. v. Morris CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050355

v. (Super. Ct. No. 13NF3546)

SETH ROLAND MORRIS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, W. Michael Hayes, Judge. Affirmed as modified. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton, Seth Friedman, and Sabrina Y. Lane-Erwin, Deputy Attorneys General, for Plaintiff and Respondent.

Seth Roland Morris stole shoes from Kohl’s department store. The store’s loss prevention officer, Shaunte Blackmon, called the police and followed Morris into the parking lot. Morris threatened to shoot Blackmon and ran away. An information charged Morris with the following crimes: (1) second degree robbery; (2) making criminal threats; (3) second degree commercial burglary; (4) resisting an executive officer; (5) possessing drug paraphernalia; and (6) misdemeanor resisting arrest. The information also alleged three prison priors within the meaning of Penal Code section 667.5, subdivision (b). Morris pleaded guilty to resisting an executive officer, resisting arrest, and possessing drug paraphernalia. A jury found him guilty of the remaining counts. The trial court determined the three prior prison allegations were true. The court sentenced Morris to serve four years in prison. On appeal, Morris contends the court abused its discretion when it excluded evidence Blackmon had a 16-year-old prior misdemeanor conviction for giving false information to a police officer. We disagree and affirm the judgment. In addition, we modify the judgment to correctly reflect the trial court imposed a six-month sentence for count 2 and stayed the sentence pursuant to Penal Code section 654. I In early October 2013, Blackmon watched Morris on a closed circuit surveillance camera enter the store, walk to the shoe department, put on a new pair of shoes, and walk out of the store. Blackmon called the police and followed Morris out of the store. When he caught up with Morris, approximately 10 to 15 feet outside the store, Blackmon identified himself as a loss prevention officer. He asked Morris to come back inside the store to discuss the stolen shoes. Morris responded, “Fuck you. I don’t know what you’re talking about. I didn’t take anything.” Morris ran away, and Blackmon pursued him while talking on his cell phone with the police dispatch. Blackmon saw Morris move his hands near his pockets