People v. Davis CA2/8

Filed 8/2/21 P. v. Davis CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B306557

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA472810) v.

KERRY ODELL DAVIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed. Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriguez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Kathy S. Pomerantz, Deputy Attorney General, for Plaintiff and Respondent. ____________________

A jury convicted Kerry Odell Davis of two robberies. Davis challenges the trial court’s Pitchess ruling, as well as an incorrect version of CALCRIM No. 226 and the denial of his Romero motion. We affirm. Undesignated statutory citations are to the Penal Code. I Davis’s three robberies The jury convicted Davis of two robberies. We call the first the Miranda robbery and the second the Garcia robbery. We call a third robbery the Hur robbery; it was not charged but it was a part of the evidence. This appeal does not challenge evidence about the Hur robbery. Miranda robbery The Miranda robbery was on April 1, 2017. That evening Israel Hernandez went with his friend Victor Miranda to the Rodeo Room bar. They left and split up at Pico Boulevard. Video from the bar’s security camera showed a man resembling Davis ride by on a bike in the direction Miranda went shortly after they left. Around 2:30 a.m., paramedics found Miranda bloody and unconscious on the ground. He had no identification on him. Miranda has remained in a vegetative state since then. He cannot speak, recognize family members, or care for himself. At 3:11 a.m., Davis tried to use Miranda’s debit card to get money from an ATM about five miles from where paramedics found Miranda. The transactions failed because Davis did not know the PIN. Garcia robbery The Garcia robbery was on November 5, 2017. Catalino Garcia and his wife returned from a restaurant around 2:00 a.m.