People v. Lopez-Sanchez CA4/3

Filed 4/8/22 P. v. Lopez-Sanchez CA4/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE

Plaintiff and Respondent, G059285

v. (Super. Ct. No. 18NF0433)

ALVARO ALDAIR LOPEZ-SANCHEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Elizabeth G. Macias, Judge. Affirmed. Kenneth H. Nordin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Andrew S. Mestman and Susan Elizabeth Miller, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Alvaro Aldair Lopez-Sanchez of one count of second degree robbery, two counts of assault with a deadly weapon, and found true that he personally used a firearm in the commission of the crimes. The court sentenced defendant to five years in prison. Defendant argues his conviction must be reversed because the trial court refused to permit a defense witness to restate or clarify portions of her testimony after the trial court concluded the witness had been coached by defense counsel during a recess. We conclude the trial court acted within its discretion and affirm.

FACTS Two high school students, J.S. and N.C., were on their way home from basketball practice on the evening of December 4, 2017, when they were approached by two men. J.S. was walking his bicycle. One of the men who approached the students asked them to give the bicycle to his companion. When J.S. said no, the man pulled a gun out of his pocket and asked for the bicycle again. This time, J.S. handed over the bicycle. The students began to walk away, but the man with the gun told them to run. They did. When they reached a traffic light, J.S. called the police. On his call to the police (an audio recording of which was later admitted at trial as an excited utterance), J.S. described the man with the gun as Hispanic, approximately 19 to 20 years old, around five feet five inches tall, “chubby,” and wearing a black sweater and jeans. He described the gun as a black handgun, possibly with a silencer. J.S. described the man without the gun as wearing a black sweater, black pants, and a black bandana. J.S. also provided a description of his bicycle. Later that night, the police detained S.M., whom they observed in possession of a bicycle matching J.S.’s description. The police brought the students to the scene. The students identified the bicycle but could not identify S.M. as one of the men who robbed them. The students both testified they did not get a clear look at the