P. v. Scott CA4/1
The People charged Terence Scott with seven counts of robbery (Pen. Code, § 211) for the robberies of three separate Verizon Wireless (Verizon) stores. Following a two-week trial, a jury convicted Scott on all counts. Scott raises two issues on appeal. First, Scott contends the trial court erred by excluding evidence of five uncharged cell phone (phone) store robberies, which Scott would have used in support of a third party culpability defense. Second, Scott contends the trial court erroneously instructed the jury with CALCRIM No. 372 regarding flight. We affirm the judgment because the trial court exercised its sound discretion in excluding the evidence and correctly fulfilled its sua sponte obligation to instruct the jury on evidence of defendant's flight offered to show consciousness of guilt.
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