People v. Cortez CA2/6

Filed 5/12/23 P. v. Cortez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B319506 (Super. Ct. No. 2021002150) Plaintiff and Respondent, (Ventura County)

v.

VANESSA CORTEZ,

Defendant and Appellant.

Vanessa Cortez appeals a judgment following her conviction of second degree robbery after a jury trial. (Pen. Code, § 211.1) The trial court suspended imposition of sentence and placed her on formal probation for 36 months. She subsequently was found in violation of her probation conditions and sentenced to state prison. We conclude, among other things, that 1) the trial court did not err by admitting evidence of Cortez’s prior misdemeanor convictions for theft and giving false identifying

All statutory references are to the Penal Code unless 1

otherwise stated.

information to a police officer as impeachment evidence; and 2) Cortez has not shown that the court committed reversible error by admitting evidence of her prior misdemeanor battery conviction. We affirm. FACTS On Christmas Eve, Mohsen Ali was the manager of the General Needs Company store. He testified that the store had a pink toy car for sale. Christina Davalos and Cortez entered the store together. Davalos wanted to buy the toy car with a 50 percent discount and pay $199. But the sale price for the car was $399. Ali was willing to give Davalos a 5 percent discount. Davalos placed between $220 and $240 cash on the counter and took the car without “permission.” She left the store. Ali went outside to try “to bring the car back.” He and Davalos both held onto the car. Ali told her to bring it back and he would not call the police. Cortez “pushed” him away, and Davalos left with the car. After Davalos and Cortez left the store, they put the toy car on “top” of a pickup truck. They were accompanied by two men and they left. Ali called the police. Officer Ramzi Raad arrived and viewed a surveillance video of the incident. He recognized Cortez and Davalos. He knew that they frequently visit a “transient encampment.” When he arrived there, he saw Cortez with the toy car and arrested her for robbery. While in custody, Raad interviewed Cortez after advising her of her Miranda rights. He showed her the surveillance video. Raad testified Cortez admitted “to using force to take that property.” In the transcript of the police interview, Cortez was