P. v. Haley
Filed 6/21/06 P. v. Haley CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. DONYAE DWAYNE HALEY, Defendant and Appellant. | G035002 (Super. Ct. No. 04CF2000) O P I N I O N |
| In re DONYAE DWAYNE HALEY on Habeas Corpus. | G036555 |
Consolidated appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge, and petition for writ of habeas corpus. Judgment affirmed. Petition denied.
Roger D. Sheaks, for Defendant and Appellant and for Petitioner.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry J.T. Carlton, Teresa Torreblanca, and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.
Donyae Dwayne Haley appeals from a judgment after a jury convicted him of two counts of conspiracy to commit second degree robbery, five counts of second degree burglary, and two counts of street terrorism. Haley argues: (1) insufficient evidence supports his convictions on two of the robbery counts; (2) there was an insufficient foundation for the admission of two exhibits; (3) he was denied his constitutional right to a representative cross-section of the community on his venire and jury pools; (4) he was prejudiced by the untimely addition of a witness; and (5) he received ineffective assistance of counsel. Alternatively, he contends by petition for writ of habeas corpus that he received ineffective assistance of counsel on numerous grounds. On our own motion, we order the petition consolidated with the appeal for purposes of resolution by a single opinion. We affirm the judgment and deny the petition.
FACTS
In June 2002, three men robbed a Wells Fargo bank in the City of Orange during the late morning hours.[1] When the men entered the bank, they yelled, â€
