Filed 4/17/06 P. v. Arrellano CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. RONNIE M. ARELLANO, Defendant and Appellant. |
F047266
(Super. Ct. No. F04905294-5)
OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge.
Peter J. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Brian Alvarez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Defendant Ronnie M. Arellano (defendant) appeals from the judgment entered following a jury trial that resulted in his conviction for robbery. On appeal, defendant contends that (1) his trial counsel was ineffective due to his failure to impeach two witnesses with prior convictions; (2) his trial counsel was ineffective due to his failure to object to a nonresponsive answer; and (3) the trial court provided an improper instruction to the jury. We affirm.
PROCEDURAL HISTORY
On October 8, 2004, the Fresno County District Attorney's Office filed an information against defendant alleging one count of second degree robbery (Pen. Code, § 211.) In addition, the information alleged that defendant used a deadly and dangerous weapon during the commission of the crime (Pen. Code, § 12022, subd. (b)(1)); that defendant has a prior felony conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)); that defendant served a prior prison term (Pen. Code, § 667.5, subd. (b)); and that defendant has a prior serious felony conviction (Pen. Code, § 667, subd. (a)(1)).
Defendant's jury trial began on December 10, 2004. On December 14, 2004, defendant admitted the truth of the prior conviction allegations contained in the information. That same day, the jury convicted defendant of robbery and found true the allegation that he used a deadly and dangerous weapon during the commission of the robbery. Defendant was sentenced to 10 years in state prison.
FACTUAL HISTORY
Prosecution's case
On the night of August 9, 2004, Michael Bess was working at a Denny's Restaurant in Fresno County. That same night, Ralph Gonzalez was a customer at the restaurant. After Gonzalez finished his dinner, he went to the register to pay the bill. As he was handing his payment for his dinner to Bess, a man entered the restaurant. The man (who Gonzalez described as having bad â€
