P. v. Jones
Filed 8/23/06 P. v. Jones CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yolo)
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| THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER MICHAEL JONES, Defendant and Appellant. | C049276
(Super. Ct. No. 046108)
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Defendant was convicted by a jury of two counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c); further undesignated section references are to the Penal Code) and was sentenced to an aggregate state prison term of six years. He appeals contending the trial court erred in (1) denying his motion to exclude identification evidence, (2) failing to instruct on the lesser included offense of theft, (3) permitting his impeachment with an earlier assault conviction, and (4) denying his motion to sever. He further contends (5) there is insufficient evidence to support one of the robbery convictions, and (6) he was improperly sentenced to the upper term based on facts not found true beyond a reasonable doubt by the jury. We reject each of these contentions and affirm the judgment.
Facts and Proceedings
This case concerns two robberies that occurred in Woodland, California, within one week of each other in which the perpetrator or perpetrators used a similar modus operandi. The only issue at trial was identity.
On the evening of September 17, 2004, Ian M., Paul F. and Patrick F. were working at Steve's Place Pizza (Steve's Pizza) in Woodland. At approximately 10:00 p.m., closing time for Steve's Pizza, Ian M. and Paul F. were standing outside the back door of the restaurant smoking cigarettes. A man approached them and asked for a cigarette. He was African-American, approximately five feet, ten inches tall, weighed approximately 160 pounds and was between 25 and 30 years old. The man had close cut hair, no facial hair and unusually large eyes. He wore a white T-shirt and darker shorts, probably jeans. The man stayed for approximately 30 seconds and then departed.
Shortly after closing time, a man came into Steve's Pizza and asked Patrick F. if the restaurant was closed. Patrick said it was and the man said thank you and left. The man was African-American, five feet, ten inches tall, weighed 170-190 pounds and was â€
