P. v. Whitney
Defendant Jamion Lamarr Whitney was tried and convicted of five counts arising out of two separate jewelry store heists. As to a November 20, 2009 incident at a Kevin Jewelers store, a jury convicted defendant of (1) grand theft (Pen. Code, § 487, subd. (a))[1] and (2) second degree commercial burglary (§§ 459, 460, subd. (b)). As to a November 30, 2009 incident at a Neiman Marcus store, defendant was convicted of (3) second degree commercial burglary, (4) grand theft, and (5) carrying a concealed dirk or dagger (§ 12020, subd. (a)(4)). In a bifurcated proceeding, defendant admitted a prior prison term pursuant to section 667.5, subdivision (b). The court sentenced defendant to four years and four months in prison.
On appeal, defendant asserts prejudicial error occurred with regard to (1) the court’s refusal to sever the counts relating to the two separate incidents, (2) admonitions by the court during defendant’s opening statement pertaining to defendant’s potential testimony, and (3) alleged prosecutorial misconduct during closing argument. Finding no error or prosecutorial misconduct, we affirm the judgment.
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