(Super. Ct. No. 09F03073)
The opinion of the court was delivered by: Mauro , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Korry Abramson was convicted of burglary and possession of a completed check with the intent to defraud. The trial court sentenced him to three years in prison.
On appeal, defendant contends (1) the trial court should have excluded reports of defendant's prior misconduct under Evidence Code sections 1101 and 352; (2) the trial court erred in admitting the reports of defendant's prior misconduct under the hearsay exception for writings previously made by a witness (Evid. Code, § 1237); and (3) the trial court should not have excluded other evidence that defendant believes would have supported his defense.
We will affirm the judgment.
On January 27, 2009, defendant went to Wal-Mart and cashed what appeared to be a payroll check from Wheels America to defendant in the amount of $1,400. Rose Cuellar, Wal-Mart's asset protection coordinator, learned that the check had been forged and informed Police Officer Benjamin Kema. Cuellar provided Officer Kema with a copy of a surveillance video; a photocopy of the check, which included defendant's name and driver's license number; and a still image of defendant cashing the check.
Officer Kema contacted Wheels America and learned that the company did not issue the check to defendant. The check, which was number 1971, was out of sequence from other company checks, the font was different, and the business telephone number was absent.
On March 12, 2009, Officer Kema went to defendant's home and talked to him about the incident. Officer Kema showed defendant the still photograph and defendant admitted he cashed the check at Wal-Mart. Defendant claimed, however, that he did not know the check was fraudulent. Defendant said he received the check when he sold two diamond rings to a man who approached him outside a 7-Eleven and admired one of the rings. But defendant could not describe the buyer other than as being a Caucasian male, and Kimberly Coolidge, defendant's fiancee, told Officer Kema that defendant never owned any diamond rings.*fn1
Over defendant's objection, the trial court admitted into evidence two reports pertaining to a fraudulent check defendant attempted to pass at Winco Foods in January 2002.
The first report was from Duskin Franz, an employee of Winco Foods. It provided: "24:00 hours. 1/19/02. I, Duskin Franz, working as a Loss Prevention Agent, was watching the store through the camera system when I was called to come to the front of the store. When I reached the lobby area, and say [sic] the suspect later identified as Korry Abramson, being asked to come to the store conference room. Abramson was taken to the store conference room. Abramson admitted to writing the bad check. The Sheriff's Department was called. My signature, Duskin M. Franz, number 36071."
The second report was prepared by Officer Todd Hoganson and provided: "02:25 hours. I arrived and contacted Loss Prevention Officer Duskin Franz, witness number three, and a male, later identified as Korry Abramson, suspect number one. [¶] Franz related to me that he had been requested by other employees in the business to respond to take custody of a male, suspect number one, who had tried to pass a bad check. Franz detained the male who told Franz the checks he had were bad (see Franz's attached written statement). [¶] Franz provided me with the checks and the driver's license he had recovered from Abramson. The two checks were in the name of Raymond E. Cobbs through Bank of America, numbers 3822 and 3823. Number 3822 had been filled out as payable to Winco Foods in the amount of $96.63 and signed as 'Raymond Cobbs.' [¶] The driver's license, California driver's license number N, as in Nora, 9158844 had a picture of Abramson on it, but was in the name of Raymond Eugene Cobbs. The license had no hologram image on it, some of the printing was blurred, and ...