P. v. Farrugia
Filed 1/22/07 P. v. Farrugia CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. RICHARD FARRUGIA, Defendant and Appellant. | A109626 (San Francisco County Super. Ct. No. 193000) |
A jury found defendant guilty of second degree robbery. (Pen. Code, § 212.5, subd. (c).) Defendant asserts the court erred in refusing to admit into evidence the statements of two unavailable witnesses who identified the perpetrator as an African-American (defendant is White). He also claims that the court erred in failing to grant a mistrial after the jury learned that he had a criminal history and that he was carrying a knife at the time of his arrest. Finally, he raises several challenges to the court's jury instructions. We find no errors and affirm the judgment.
STATEMENT OF THE FACTS AND PROCEDURAL HISTORY
On February 14, 2003, at approximately 9:00 p.m., Omondi Nyong'o was walking to his car with his girlfriend Delia Calvallo when he heard a woman scream and observed a man tugging at her purse. The man was wearing baggy clothing and a beanie hat. The man grabbed the purse from the woman and ran off with it. Nyong'o chased after the man, who dropped the purse after about half a block. As Nyong'o gave up his chase, another man continued chasing the perpetrator.
Nyong'o went back to locate the purse and observed that its strap was broken. After the woman recovered her purse, she left the scene. Nyong'o and Calvallo returned to his car and drove around the block trying to locate the perpetrator.
Two police officers were driving their patrol car when they observed defendant arguing with another man, later identified as Ralph Navarra. The officers stopped and separated the two men. One of the officers heard defendant say that he had taken the purse but he had dropped it.
About this time, Nyong'o saw the two officers and told them about the purse snatching that he had witnessed. One of the officers decided to conduct a â€
