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The People v. Deandrea Jovell Farlow

August 22, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DEANDREA JOVELL FARLOW, DEFENDANT AND APPELLANT.



(Super. Ct. No. CRF092926)

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

P. v. Farlow

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Deandrea Jovell Farlow and a group of cohorts robbed a bank during business hours. A jury found him guilty of three counts of robbery, three counts of assault with a firearm, and 20 counts of false imprisonment. The jury also found that a principle used a firearm during the commission of the offenses. Sentenced to 11 years eight months in prison, defendant appeals. He contends the trial court erred in permitting two law enforcement witnesses to testify that it was defendant who appeared in a video tape and in a still photo, there was insufficient evidence of false imprisonment of two of the victims, and that the trial court should have stayed his assault and false imprisonments terms pursuant to Penal Code section 654 (unspecified section references that follow are to the Penal Code). We affirm the judgment.

FACTS AND PROCEEDINGS

On the morning of the robbery, Cory Edwards and George Emseih arranged to meet at a gas station in Fairfield and then drove to Aaron Watts's apartment in Sacramento. Watts joined them and they went to another apartment in the Natomas neighborhood of Sacramento where they met four more men, including defendant.

The group of seven men went in three cars to the Target and Wal-Mart stores in Natomas. They communicated using a set of walkie-talkies. Emseih and Watts waited in the cars while some of the men, including defendant, went into each store. The group then went to a gas station to get fuel. Defendant drove a black Range Rover with two of the other men as his passengers.

Around 8:30 a.m., they started driving to Yuba City. When they arrived in Yuba City, they parked and discussed what their roles would be in the upcoming bank robbery. Emseih was to be the lookout and getaway driver. As arranged, he parked his BMW across the street from the bank. Defendant, driving the Range Rover, dropped off Watts and another man outside the bank and left.

Watts and the other man entered the bank. Watts waved a handgun and yelled "everybody get down." The employees and customers either got on the floor or put their hands in the air. Watts pointed his gun directly at three different individuals and told them to get down or to back away from what they were doing.

The other man jumped behind the counter, took cash from three tellers, and put money in a bag. The two robbers then ran out of the bank where Watts got in the trunk and the other man got in the back seat of Emseih's waiting BMW. There was a fourth man in the BMW. Emseih started driving toward Chico but was instructed, via walkie-talkie, to pull over. After he stopped, the robber who had been in the back seat got out of the car and into the Range Rover.

Shortly thereafter, officers located and stopped the BMW. While Emseih was being arrested, Watts got out of the trunk, jumped into the driver's seat and drove away. Officers pursued the BMW to Colusa County where Watts was apprehended and most of the stolen money was recovered.

Detectives obtained video surveillance footage from the bank, the Target and Wal-Mart stores, and the gas station in Fairfield. The Target store video depicts defendant entering the store with two of the men, purchasing merchandise used in the robbery and leaving. The Wal-Mart store video depicts two of the men purchasing merchandise. The Wal-Mart parking lot video shows the ...


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