P. v. Barber
Filed 10/12/10 P. v. Barber CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL
REPORTS
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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE,
Plaintiff and
Appellant,
v.
CORNELL ANDERSON BARBER,
Defendant and
Respondent.
B216717
(Los Angeles County
Super. Ct. No. YA071617)
APPEAL
from a judgment of the Superior Court of Los Angeles
County,
James R. Brandlin, Judge. Affirmed.
Robert
Bryzman, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund
G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D.
Matthews and G. Tracey Letteau, Deputy Attorneys General for Defendant and
Respondent.
____________________
Following the denial of a motion to
suppress evidence, Cornell Anderson Barber pleaded guilty to one count of second degree robbery (Pen. Code, § 211)
and admitted he had personally used a firearm to commit the offense.[1] On appeal Barber contends a photograph taken of him by police and the
victim's identification of him based on that photograph were the fruit of an illegal detention and should have been
suppressed. We affirm the judgment.
FACTUAL
BACKGROUND
The evidence at Barber's preliminary
hearing, held prior to the suppression hearing at issue in this appeal, was
that Barber approached Jacklyn Lessire at 1:30 a.m. on April 27,
2008 on Anaza Avenue in Torrance and demanded her purse at
gunpoint. After Lessire complied, Barber
engaged in sexually assaultive conduct, which Lessire resisted. Barber then told Lessire to run or he would
kill her. Lessire fled and flagged down
a passing motorist, who contacted the police.
Lessire gave a description of her assailant to the responding
officers. She later identified Barber
from a photographic lineup assembled by police.
At the
suppression hearing the evidence established
that at 6:30 p.m. on April 27, 2008
Torrance Police Officer Matthew Jungers and his partner were on patrol when
they were dispatched to Earl Street and Emerald
Street after an off-duty officer[2]
reported seeing someone in the area matching the description of the suspect in
the Lessire robbery. Jungers remembered
seeing the victim's description of her assailant on his patrol car's computer
shortly after the attack was reported.
The recorded description was of a dark-skinned African-American male
with a wide nose and â€
| Description | Following the denial of a motion to suppress evidence, Cornell Anderson Barber pleaded guilty to one count of second degree robbery (Pen. Code, § 211) and admitted he had personally used a firearm to commit the offense. On appeal Barber contends a photograph taken of him by police and the victim's identification of him based on that photograph were the fruit of an illegal detention and should have been suppressed. Court affirm the judgment. |
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