P. v. Buchanan CA3

Filed 6/18/13 P. v. Buchanan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo)

THE PEOPLE, C069081

Plaintiff and Respondent, (Super. Ct. No. 10-6096)

v.

RUSSELL ALEXANDER BUCHANAN,

Defendant and Appellant.

A jury convicted defendant Russell Alexander Buchanan of second degree robbery and found that he personally used a firearm during the offense. In bifurcated proceedings, the trial court found a prior prison term allegation to be true. The court sentenced defendant to state prison. Defendant appeals. He contends the trial court prejudicially erred in admitting his confession into evidence, requiring reversal. We find no error and will affirm the judgment. FACTS At approximately 8:00 a.m. on January 12, 2009, Erick Delgado was talking on his cell phone outside his house in Davis when he felt something pushed against his ribs. He

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turned around and saw defendant holding a gun. Defendant ordered, “Give me your money, motherf[-----].” Delgado gave his wallet containing $40 to $80 to defendant. Defendant also demanded Delgado‟s cell phone. When Delgado protested, defendant responded, “Do you want to die, motherf[-----]?” Delgado gave his cell phone to defendant. Defendant then demanded everything else and Delgado gave some change from his pockets to defendant. Defendant ordered Delgado to walk away and not to turn around. Although in front of his own house, Delgado walked to the corner and saw defendant get in a white car which Delgado had seen minutes before his encounter with defendant. The car left the area. Delgado flagged down a patrol car which came down the street shortly thereafter. Delgado described the robbery and the car. Davis Police Officer Frank Tenedora sent a radio broadcast of the description of the car. About 30 minutes later, Davis Police Officer Benjamin Adams, who had heard the broadcast, saw the white car and stopped it. Defendant, the passenger, fled on foot, holding his pants pocket, and leaving behind Delgado‟s cell phone under the front passenger seat. Officer Adams sent a radio broadcast of defendant‟s description. Davis Police Officer Jeff Beasley, who had heard Officer Adams‟s broadcast, saw defendant running about a block from the stopped car. A black hooded sweatshirt which had been described by Delgado and Officer Adams was found along defendant‟s path. Defendant got away. Officer Beasley identified defendant as the fleeing passenger. Delgado identified the white car and the driver. Seven .32-caliber centerfire cartridges were found in the car. The next day, defendant was interviewed, admitted robbing Delgado, and wrote a letter of apology to Delgado. The .32-caliber handgun defendant used in the robbery was found in his girlfriend‟s house. Although unable to identify defendant‟s photo the afternoon of the robbery, Delgado identified defendant at trial which was the first time after Delgado was robbed that he had seen defendant. The photo of defendant had been taken approximately six months before it had been shown to Delgado.