(Super. Ct. Nos. S09CRF0042, S05CRF0355)
The opinion of the court was delivered by: Hull ,j.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Following a jury trial, defendant Logan Sharp was convicted of second degree robbery (Pen. Code, § 211; undesignated statutory references that follow are to the Penal Code). The trial court sustained prior strike and serious felony allegations, and sentenced defendant to an 11-year prison term.
On appeal, defendant contends the trial court erroneously admitted rebuttal testimony, trial counsel was ineffective in failing to request a pinpoint cautionary instruction, and that the trial was tainted by cumulative error. We affirm the judgment.
On February 8, 2009, a man wearing a hooded sweatshirt and a bandanna entered the Alpine Liquor store in South Lake Tahoe between 10:00 and 11:00 p.m. The man brandished a gun and demanded that the clerk put money in a bag. The clerk refused, thinking it was a joke. The man left. A person robbed another South Lake Tahoe Liquor store, the Bottle Shop, at around 10:57 p.m. that evening. About $1,500 in cash was taken from the Bottle Shop.
Stacie Ward knows defendant and is Garrett Churchill's fianceee. She and Churchill moved to his friend Andre's apartment in January 2009 after Churchill refused to serve a jail sentence.
According to Ward, Churchill and defendant entered the apartment's front door in a jittery and excited state one night. Churchill said he had gone to the Alpine Liquor store and tried to rob it, but the clerk laughed at him, so he then went to the Bottle Shop, where he had more success. Defendant was present during the conversation, and stayed in the apartment for about an hour.
Later, defendant suggested that Ward and Churchill go to Gardnerville. They agreed, and defendant drove them and another person in his Dodge Durango. After dropping the other passenger off, defendant drove Ward and Churchill towards Gardnerville, but was stopped by the Highway Patrol.
Defendant was stopped for speeding in a white Dodge Durango at 12:57 a.m. on February 10, 2009. Defendant's driver's license was limited to driving to and from work or to and from his DUI class. The Durango's tire treads matched tread marks found in the snow at the Alpine Liquor store after the attempted robbery.
Defendant's friend Garret Churchill testified that he tried to rob the Alpine Liquor store on February 8, 2009. Churchill showed a pistol to the store's clerk, who laughed at him and said it was a joke. The clerk refused to give him any money, so Churchill left the store and returned to the Durango, which was parked by the Tahoe Donut shop. Defendant was the driver.
Churchill, still driven by defendant, next went to the Bottle Shop. On the way to the Bottle Shop they passed police cars going to Alpine Liquor. After they parked across the street from the Bottle Shop, Churchill left the Durango, entered the store, and demanded money. The clerk gave him money, Churchill ...