People v. Walker CA3

Filed 4/21/22 P. v. Walker CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C092894

Plaintiff and Respondent, (Super. Ct. No. STKCRFECOD20180008536) v.

TYRONE WALKER,

Defendant and Appellant.

A jury found defendant Tyrone Walker guilty of three counts of robbery, one count of residential burglary, three counts of assault with a firearm, and one count of a criminal threat. It also found true the enhancement allegations he personally used a nonfirearm and firearm weapon and that the victim was elderly. The trial court sentenced defendant to 142 years to life in prison. Defendant appeals, arguing the trial court erred when it denied his 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. We shall affirm.

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I. BACKGROUND On July 11, 2018, the 71-year-old victim was at home watching television. Around 1:30 p.m., the doorbell rang and he opened his front door. The man standing at his door was average, about 5 feet 7 inches or 5 feet 8 inches tall, and Hispanic. All of a sudden, defendant appeared behind the victim holding a large kitchen knife. Defendant had a bandana covering the bottom of his face. Defendant is married to the victim’s daughter W. Defendant repeatedly demanded money from the victim. Defendant also demanded the victim’s gun and took it. The victim testified to the loss of cash, 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 during the incident. G.B. testified a large man 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. An officer showed the victim two photo lineups that day. In the first lineup, the victim identified defendant as a potential suspect. The victim also identified the knife defendant was wielding. The prosecutor presented surveillance camera video to the jury from neighboring homes. Defendant’s car is a white Mazda with a distinctive sticker on the front windshield. The surveillance video showed a white four-door car drive up to the scene and park across the street from the victim’s home at 1:07 p.m. on the day of the robbery. The video showed a dark-complected man getting out of the driver’s seat of the car and a light-complected man or a Hispanic male getting out of the passenger seat at 1:17 p.m. The two men walked towards the victim’s home. About a half-hour later, the video showed the driver and passenger returning from the area of the victim’s house back