P. v. Saunders
Filed 4/25/06 P. v. Saunders 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. EDWARD JERMAINE SAUNDERS, JR., Defendant and Appellant. | C049305
(Super. Ct. No. 04F02638)
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A jury convicted defendant Edward Jermaine Saunders, Jr., of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))[1] and found that he personally used a firearm in the commission of the offense (§ 12022.53, subd. (b)). He was sentenced to state prison for 12 years.
On appeal, defendant contends (1) the evidence was insufficient because an uncorroborated eyewitness identification, standing alone, is not substantial evidence to support a criminal conviction; alternatively, even if identity was proven, there was insufficient evidence of robbery; (2) the trial court erred by refusing to give his special instruction on factors related to eyewitness identification; and (3) his 12-year prison term constitutes cruel and unusual punishment. We shall affirm the judgment.
FACTUAL BACKGROUND
Prosecution case-in-chief
On March 15, 2004, a Sacramento County Sheriff's deputy responded to a report of a robbery. The deputy met with the 17-year-old victim, S.T., who said that two individuals confronted him in the parking lot of his apartment complex. The victim had gone to the parking lot in order to get a VCR out of his brother's car. The victim recognized defendant from junior high school. Defendant told the victim to give him the keys to the car. The victim refused. Defendant pulled up his shirt and showed the victim a gun. Defendant again said, â€
