P. v. Macon CA2/2
A jury convicted appellant David Charles Macon, Jr., of second degree robbery for acting as the getaway driver while two of his associates committed an armed robbery of a gas station. He was sentenced to 39 years to life in state prison. At the time of the robbery, appellant was wearing a Global Positioning System (GPS) tracking device on his ankle. He contends (1) the trial court erred in admitting the GPS records of his whereabouts because the prosecutor failed to lay a proper foundation under Evidence Code section 1280 and because the GPS records were testimonial hearsay; (2) the trial court improperly commented on his right not to testify; (3) the trial court improperly admitted a police officer’s lay opinion; (4) his motion for a mistrial should have been granted; and (5) the prosecutor made improper comments during rebuttal argument. We disagree and affirm the judgment.
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