P. v. Murphy
Defendant Monrell Donovan Murphy appeals from a judgment of conviction entered after a jury trial. Defendant was charged with two counts of second degree robbery (Pen. Code,[1] § 211) naming victims Abraham Gomez (Gomez) (count 1) and Juliana Anguiano (Anguiano) (count 3), and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count 4). As to counts 1 and 3, it was alleged that defendant suffered a prior serious felony conviction (§ 667, subd. (a)(1)) and, as to all three counts, it was alleged that defendant had suffered a prior conviction under the “Three Strikes†Law (§§ 667, subds. (b)-(i), 1170.12), and that he had served two prior prison terms within the meaning of section 667.5, subdivision (b).
Defendant was convicted of the two counts of second degree robbery, but found not guilty of dissuading a witness. The jury found true the prior conviction allegations.
Defendant was sentenced to 18 years in prison. In addition, the court ordered defendant to pay a $1,000 restitution fine under section 1202.4, subdivisions (b) through (f), and imposed and stayed a $1,000 parole revocation fine under section 1202.45.
On appeal, defendant contends the trial court improperly excluded the testimony of defendant’s eyewitness identification expert, there was instructional error, and the restitution fine was improper. We affirm.
Comments on P. v. Murphy