P. v. Scott
Filed 5/8/06 P. v. Scott CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. THOMAS DOUGLAS SCOTT, Defendant and Appellant. | E037666 (Super.Ct.No. FWV027315) OPINION |
APPEAL from the Superior Court of San Bernardino County. Frederick A. Mandabach, Judge. Affirmed as modified.
Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Ronald Jakob and Jennifer A. Jadovitz, Deputy Attorneys General, for Plaintiff and Respondent.
Following a jury trial, defendant Thomas Douglas Scott was convicted of second degree robbery (Pen. Code, § 211[1]), evading a police officer (Veh. Code, § 2800.2), possession of a firearm by a felon (§ 12021, subd. (a)(1)), possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), and resisting/obstructing a peace officer (§ 148, subd. (a)(1)). It was found true that defendant personally used a firearm during the robbery. (§ 12022.53, subd. (b).) In a bifurcated proceeding, the trial court found that defendant had two prior convictions. (§§ 667, subds. (a)(1) and (b) – (i); 667.5, subd. (b); & 1170.12, subd. (a).) Defendant was sentenced to state prison for a total term of 71 years to life. On appeal, defendant contends that (1) the trial court erred in failing to hold an evidentiary hearing for his new trial motion; (2) he received ineffective assistance of counsel; (3) the trial court erred in admitting the criminalist's laboratory report; and (4) his sentence violates section 654.
PROCEDURAL BACKGROUND AND FACTS
The Prosecution's Case:
In December 2002, Haidar Sallah was the manager of Liquor Land in Upland. On December 3, around 11:20 p.m., a male, wearing a beanie, a scarf, and a dark blue jacket, walked into the store, pulled a small handgun out of his pocket, and said, â€
