People v. Peters CA3

Filed 12/23/21 P. v. Peters CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C092829

Plaintiff and Respondent, (Super. Ct. No. STKCRFECOD20180008535) v.

SHANE PETERS,

Defendant and Appellant.

A jury found defendant Shane Peters guilty of robbery and residential burglary. It also found true the enhancement allegations he was armed with a firearm and the victim was elderly. The trial court sentenced defendant to five years in prison, stayed the sentence, and placed him on formal probation for five years. Defendant appeals, arguing the trial court erred when it denied his codefendant’s motion for a mistrial because the prosecutor elicited testimony that the search of the apartment defendant shared with his codefendant was a “parole compliance search.”

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Defendant also argues his counsel was ineffective because he failed to join in the mistrial motion. We shall affirm. I. BACKGROUND On July 11, 2018, the 71-year-old victim was at home. Around 1:30 p.m., the doorbell rang and he opened his front door. The man standing at his door was an “[a]verage guy,” about 5 feet 7 inches or 5 feet 8 inches tall, and Hispanic. The man at the door asked the victim, “ ‘Does Bradley live here?’ ” The victim responded, “ ‘No. I’m sorry,’ ” and started to close the door. All of a sudden, codefendant Tyrone Walker appeared behind the victim holding a large kitchen knife. Walker had a bandana covering the bottom of his face. Walker repeatedly demanded money from the victim. The victim led Walker to the victim’s bedroom where Walker told the victim to lie face down on the bed and put a blanket over him. As he was lying on the bed, the victim saw the other man going through his dresser. Walker demanded to know where the victim kept his gun. The victim told him it was in the headboard of the bed, and Walker took it. The victim also testified to the loss of jewelry and a jewelry box that was in his home. The victim’s daughter, G.B., and her two children arrived at the victim’s house. Walker confronted her with a gun. He ordered G.B. down on the floor and told G.B. and her children to empty their pockets. Throughout the ordeal, the man repeatedly demanded money from G.B. The man went towards the kitchen and yelled out, “ ‘Hey, are you finished? Let’s go.’ ” After a few minutes, G.B. heard the victim coming down the hall. The victim testified that while he was on the bed, he heard the men speak amongst themselves before they left. The victim waited five or 10 minutes after the men left and got up and found his daughter and her two children on the ground.