P. v. Thomas CA1/4
Appellant Robert Lee Thomas appeals from his convictions, after a jury trial, for robbery and carrying a loaded firearm. Thomas claims the prosecution violated Penal Code section 1054.7 by its late disclosure of jail telephone calls, the trial court improperly admitted the calls at trial, and failed to provide a jury instruction on the late disclosure. We conclude the trial court did not abuse its discretion in admitting the calls because the late disclosure of the calls was necessitated by defense counsel’s delayed disclosure of alibi witnesses. Thomas next argues the prosecutor committed misconduct during closing argument. Finally, Thomas argues there was insufficient evidence to support his convictions because of the victim’s lack of positive identification of him as the robber.
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