(Super. Ct. No. 10F04246)
The opinion of the court was delivered by: Butz , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Jack Eugene Barnes appeals his convictions for robbery and burglary of an inhabited dwelling. He contends he received ineffective assistance of counsel, in that defense counsel's inadequate investigation of an alibi defense resulted in counsel presenting a witness who did not, in fact, supply an alibi. We find defendant has not established that counsel's investigation was inadequate. Accordingly, his claim must fail and we shall affirm the judgment.
During opening statement, defense counsel told the jury what he expected the evidence in the case to be. He stated the evidence would show on the night of the burglary, the victims did not see the burglar's face, did not recognize him and neither knew who he was. On the day of the burglary, the victim, Lisa Staats, did not connect the burglary with an earlier incident when defendant kicked in the door of the apartment. Then, over a month later, Staats indicated she knew who the burglar was and could identify him as someone who had been in her apartment previously. Almost two months later the other victim, Erica Beauchamp could also identify the burglar. Defense counsel stated the evidence would show defendant's fingerprints were not found inside the apartment. Finally, defense counsel claimed the jury would hear from a friend of defendant's who would testify that defendant was with him at the time of the burglary.
In May 2010, Lisa Staats was living with her caregiver, Erica Beauchamp. At about 9:00 o'clock in the morning of May 17, 2010, Staats was in bed watching television when she heard a noise from the patio. She looked out the sliding glass door and saw a man trying to open it. She tried to keep the door shut and screamed for someone to call 911. The man was able to pull the door off the frame. Staats fought to keep him from entering the apartment, but he reached toward his pants as though going for a weapon. This frightened Staats and she backed away.
The intruder went through the bedroom and into the living room, where Beauchamp had been sleeping on the living room couch before she was awakened by Staats' screams. Beauchamp was groggy and only saw a shadow come through the living room. She saw the front door was open and her purse was gone. From the front door of the apartment, there is an unobstructed view of the parking lot area. The two women looked out the front door and saw a small burgundy colored convertible with a black ragtop leaving the parking lot.
Officers attempted to lift fingerprints from the sliding glass door, screen door and an aerosol can left at the scene. The results were negative. In their initial interviews with law enforcement, neither Staats nor Beauchamp could identify the burglar.
Four days after the break-in, defendant was arrested. In a search incident to arrest, defendant was found in possession of Beauchamp's bank debit food stamp card and her auto insurance card. Beauchamp indicated both had been in her purse when it was stolen. Defendant's car, a maroon Infiniti with a black convertible ragtop, was also towed.
Over a month after the burglary, Staats told a Sacramento County Sheriff's detective that her friend Craig had informed her that defendant was the burglar. Craig did not want to be involved with the police, so Staats did not provide the detective with any additional information about him. Staats was shown a photo lineup and identified defendant as the burglar. For the first time, Staats revealed that defendant had previously been to her apartment, with his sister "Sissy" and Craig, during the 2009 holiday season. She also told the detective that a few months before the May 17 break-in, defendant had tried to break in her door. ...