C072780
Cal. Ct. App.Jul 29, 2014Background
- Defendant Anthony A. Blaylock was convicted by a jury of carjacking (count 1), robbery (count 2), and possession of cocaine (count 3), with elderly victim and knife enhancements and prior felony/predicate convictions enhancing penalties.
- The case involved three separate incidents: the March 3, 2012 carjacking of Eva Dunn; the March 4, 2012 purse snatching from Yolanda Ortiz; and the related police recovery in Stockton, including physical evidence and identifications.
- Ortiz, Navarro, and Dunn identified Blaylock in photographic lineups or at infield shows, though some identifications were uncertain due to lighting/appearance changes.
- Evidence included Blaylock’s fingerprints on Dunn’s car, cocaine found in his pant leg, a knife in Dunn’s car, and Ortiz’s driver’s license and other items on Blaylock; physical descriptions varied but were consistently of a Black man with scruffy appearance.
- Blaylock’s trial challenged (a) the trial court’s refusal to instruct theft as a lesser included offense of robbery, and (b) the propriety of impeaching him with a 1995 robbery conviction; the court denied relief on both points, affirming the judgment.
- The judgment was affirmed on appeal, with the court finding no error in the theft instruction ruling or in the impeachment ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Theft as a lesser included offense of robbery | People contends theft instruction was warranted given possible lack of force/fear | Blaylock argues evidence could support theft without force | No error; no substantial evidence supports theft as a lesser included offense |
| Impeachment with a 1995 robbery conviction | People argues prior conviction evidence is highly probative of credibility | Blaylock contends the conviction is prejudicial and should be sanitized | Court did not abuse discretion; allowed 1995 robbery conviction, sanitized others, with proper limiting instructions |
Key Cases Cited
- People v. Benavides, 35 Cal.4th 69 (Cal. 2005) (requires instructing on lesser included offenses supported by evidence; suppresses unwarranted theories)
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (standard for instructing on lesser included offenses based on evidentiary support)
- People v. Cooksey, 95 Cal.App.4th 1407 (Cal. Ct. App. 2002) (distinguishes when theft from the person may not be a lesser included offense in robbery)
- People v. Morales, 49 Cal.App.3d 134 (Cal. Ct. App. 1975) (force required to elevate taking to robbery; distinctions from momentary theft)
- People v. Edwards, 57 Cal.4th 658 (Cal. 2013) (criteria for admissibility of prior convictions for impeachment)
- People v. Clark, 52 Cal.4th 856 (Cal. 2011) (weight given to similarity between prior and charged offenses in impeachment)