P. v. Nash
Filed 4/18/06 P. v. Nash CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. VERNON NASH, Defendant and Appellant. | B182922 (Los Angeles County Super. Ct. No. SA052135) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Stephanie Sautner, Judge. Affirmed.
David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Joseph P. Lee, and Michael A. Katz, Deputy Attorneys General, for Plaintiff and Respondent.
I. INTRODUCTION
Defendant, Vernon Nash, appeals from his convictions for: possession of a concealed firearm in an automobile (Pen. Code,[1] § 12025, subd. (a)(1)); carrying a loaded firearm in an automobile (§ 12031, subd. (a)(1)); three counts of first degree robbery (§ 211); and the jurors' finding that he personally used a firearm in the three robberies. (§ 12022.53, subd. (b).) Defendant argues the trial court improperly admitted the hearsay declaration of Myra Levy. We affirm.
II. FACTUAL BACKGROUND
A. Jeffery Kuhn Robbery
We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) Between 11:45 p.m. and midnight on March 20, 2004, Mr. Kuhn went to the automated teller at Washington Mutual Bank in Culver City. Mr. Kuhn withdrew $140 from the automated teller and returned to his car. Mr. Kuhn saw some movement out of the corner of his eye. Mr. Kuhn got into the driver's side and attempted to close his door. An unidentified man placed his knee between the door and the car to prevent it from closing. The man pointed and waved a black revolver at Mr. Kuhn. Mr. Kuhn was ordered to turn over the money he had withdrawn. After staring at the gun momentarily, Mr. Kuhn opened his wallet and handed over all of the money. The man demanded, â€
