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The People v. Cliffton Ray Currie

December 22, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CLIFFTON RAY CURRIE, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F05535)

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

P. v. Currie

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury found defendant Cliffton Ray Currie guilty of first degree robbery (Pen. Code, § 211),*fn1 [1] first degree residential burglary (§ 459), two separate counts of inflicting injury on a former cohabitant (§ 273.5, subd. (a)), and assault by force likely to produce great bodily injury on another victim (§ 245, subd. (a)(1)). The jury also found defendant's prior felony conviction of assault with a deadly weapon to be true. With enhancements, the trial court sentenced defendant to 21 years in state prison.

Defendant has two claims on appeal. First, he contends the trial court erred by denying his Marsden*fn2 [2] motions to appoint him new counsel at trial. Second, he claims his conviction for residential burglary must be reversed because he had the alleged victim's permission and consent to enter the residence with a key. We disagree and shall affirm.

FACTUAL BACKGROUND

The offenses here arose from two incidents of domestic violence, one on August 6, 2010, and the other about two weeks later on August 21.

On August 6, 2010, Deputy Sheriff Greg Saunders responded to "a domestic violence incident" at K.C.'s residence. K.C. was at her apartment with a male visitor, J.W., when she heard someone trying to open the front door. When J.W. went to the front door, the door flew open, hitting him in the face; defendant was standing in the doorway. K.C. tried to intervene, and defendant grabbed her and flung her into the living room.

J.W. left the apartment. Defendant began to question K.C. about her relationship with J.W., got angry, and punched her in the left side of her neck with a closed fist. K.C. fell to the floor as a result of being struck. Defendant then told his cousin, who was also present, to watch the door while he went into K.C.'s bedroom and grabbed her cell phone. Defendant then took K.C.'s keys from the kitchen counter. When K.C. attempted to retrieve her cell phone from defendant, he struck her, again with a closed fist, in her left eye area. Defendant and his cousin then left the apartment, and K.C. followed them into a parking lot. Crime Scene Investigator Sam Bates arrived at K.C.'s apartment and noticed that she had swelling and redness on her left cheek; that J.W. had a slight laceration along his left eyebrow; and that the apartment door was damaged.

On August 21, 2010, Deputy Sheriff Jeffrey Wallace and other officers were dispatched to do a welfare check at K.C.'s residence. K.C. told Deputy Wallace she and defendant had previously lived together in a relationship. K.C. said defendant did not have a key to her apartment. She also had a cut on her lip because, she said, defendant threw a plastic lighter at her and hit her in the mouth. She also recounted the events of August 6 to Deputy Wallace and said defendant "kicked open the door" and "beat the shit out of [her]."

At trial, K.C.'s testimony was inconsistent with her statements to the two responding officers, Deputies Saunders and Wallace, as well as inconsistent with statements she had made to a 911 operator. At trial, K.C. claimed those statements were lies to get her children back from Child Protective Services. She said that defendant had a key to her ...


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