P. v. Blyman CA5

Filed 3/28/13 P. v. Blyman CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F064029 Plaintiff and Respondent, (Super. Ct. No. F09903834) v.

STEPHEN DANIEL BLYMAN, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Ivan P. Marrs, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

A jury convicted appellant Stephen Daniel Blyman of robbery, assault with a firearm, and criminal threats. He challenges his convictions on two grounds. First, the trial court erred prejudicially in excluding from evidence the videotaped pretrial interviews of his girlfriend and partner in the criminal activity, Candice Bradshaw, who testified against him at trial. Second, Blyman contends instructional error requires reversal of the criminal threats conviction because the trial court failed sua sponte to instruct the jury with a unanimity instruction. We reject his contentions and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY On June 20, 2009, Miguel Urbano withdrew $470 from an ATM machine. As he walked back to his truck, Blyman and Bradshaw approached from behind. Blyman brandished a gun and said, “Open the door, don’t do anything or I’ll blow your head off.” Bradshaw told Urbano, “It’s better that you do it because I know him and he will blow it off.” Blyman and Bradshaw forced Urbano into the truck and told him to drive them down an alley to a nearby store. Once there, Blyman pointed the gun at Urbano’s head and demanded money. Urbano handed over the money in his wallet, but would not turn over the wallet itself. Blyman yelled, “I’m going to blow your head off, mother fucker,” then he lowered the gun and shot Urbano in the knee. Blyman and Bradshaw fled on foot. Blyman and Bradshaw returned to an apartment, where they divided the money. The two then went to a store to purchase soda, cigarettes, chips, and “accessories” for the gun. Later, on the television news, Bradshaw learned that she and Blyman were wanted by the police. Blyman told Bradshaw to cover up his involvement in the criminal activity. After the two were arrested, Bradshaw wrote to Blyman, complaining he had cheated on her with other women. Bradshaw eventually pled guilty to robbery and other