P. v. White

Filed 2/24/06 P. v. White CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In case No. VCR-167232, defendant Charles Dupree White was convicted of first degree robbery of a transit operator (Pen. Code, § 211) and the personal use of firearm allegations (Pen. Code, §§ 12022.5, subd. (a)(1), 12022.53, subd. (b)) were found true. The court imposed a midterm sentence of four years for the robbery and a consecutive 10-year term for the enhancement alleged pursuant to section 12022.53, subdivision (b). Under section 654, the court stayed the four-year term for the enhancement alleged under section 12022.5, subdivision (a)(1).^[1]

On appeal defendant contends that (1) the trial court abused its discretion by excluding impeachment evidence of the victim, and (2) he was denied his rights to due process and effective assistance of counsel because his trial counsel failed to object to unduly suggestive identification evidence. We reject both contentions and affirm.

Factual and Procedural Background^[2]

Early in the morning of May 3, 2003, Terry Waller was working as a cab driver. He was dispatched to an address on Colusa Street in Vallejo, where he picked up a woman and a man. Waller agreed to â€