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The People v. Robert Dean Kliebe

March 11, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT DEAN KLIEBE, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F5882)

The opinion of the court was delivered by: Robie , J.

P. v. Kliebe CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Robert Dean Kliebe challenges his conviction for second degree robbery on the grounds of insufficiency of the evidence and failure to give a cautionary instruction regarding defendant's out-of-court statement. Finding no merit in either of his arguments, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On June 10, 2009, following a party at a friend's house, Sharlyn Zufelt came home to the trailer she shared with defendant, her boyfriend. Zufelt first broke a television given to defendant by a suspected mistress by throwing it in the middle of the street. Zufelt then unplugged the extension cord that supplied the trailer with power because she was upset with defendant over the suspected affair. Zufelt then went into the house of her landlord, Michael Lupo, with the cord and locked the door.

When defendant arrived he knocked on the door or rang the bell. Zufelt begged Lupo not to let defendant in the house because she was afraid of him. Lupo opened the door anyway and defendant started arguing with Zufelt about the extension cord and the television she broke.

The argument turned physical when defendant grabbed Zufelt by the hair and threw her to the ground. Defendant then punched Zufelt with closed fists and kicked her with booted feet. At some point defendant repeatedly banged Zufelt's head into a "wood stove." Zufelt tried to make defendant stop by pleading with him and attempting to get the extension cord.

Defendant then told Zufelt that she either had to give him $40 or perform a sexual act on Lupo. Zufelt took $40 from her pocket and extended it toward defendant, and defendant grabbed the money and at some point left Lupo's house. Zufelt later told Shasta County Deputy Sheriff Nick Thompson that she gave defendant the $40 because she was not going to perform a sexual act on Lupo and she was afraid of being further assaulted by defendant. Zufelt also told Deputy Thompson that a short time had passed between her return from the party and the arrival of law enforcement officers.

Following a jury trial in which Zufelt and Lupo both recanted the stories they told responding officers, the jury found defendant guilty of inflicting corporal injury and second degree robbery. The trial court sentenced defendant to one year for the corporal injury charge and three years for the robbery charge. Both sentences were doubled because defendant had a prior strike. The court further sentenced defendant to five years for having a prior serious felony conviction for an aggregate term of 13 years.

DISCUSSION

I Sufficiency Of The Evidence

Defendant first challenges the sufficiency of the evidence to support his conviction of second degree robbery. More specifically, he contends that "only through speculation could the jury infer that [his] statement [to Zufelt, which preceded her giving him the $40,] was ...


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