People v. Tamborrino

215 Cal. App. 3d 575, 263 Cal. Rptr. 731, 1989 Cal. App. LEXIS 1128
CourtCalifornia Court of Appeal
DecidedNovember 9, 1989
DocketB034031
StatusPublished
Cited by21 cases

This text of 215 Cal. App. 3d 575 (People v. Tamborrino) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Tamborrino, 215 Cal. App. 3d 575, 263 Cal. Rptr. 731, 1989 Cal. App. LEXIS 1128 (Cal. Ct. App. 1989).

Opinions

Opinion

LILLIE, P. J.

A jury found defendant guilty of first degree residential robbery, and to be true a firearm use allegation. He admitted two prior serious felony (robbery) convictions. He appeals from the judgment.

[579]*579Facts

Prosecution’s Case

About 5 p.m. on April 21, as Deborah Clarke entered the front door of an apartment she shared with Tim Dolan, who was then out of town, three men appeared, held guns on her, forced their way into the apartment and ordered her to sit on the couch in the living room and shut up. One of the men held a gun to her head while the other two went through the apartment; she was too scared to look at their faces and did not get a good look at them; she could not see into the bedroom from where she was seated. She described the build of the three men, some facial characteristics, coloring, what they wore and the guns they used. The man who held the gun to her head wore a green and brown camouflage hat which folded down in front and back similar to a hunter’s hat, and the gun was small and fit his hand; another man held a handgun and the third, a gun with a large barrel; they were there about 20 minutes.

When they left, the men took everything they could carry including ski equipment, ski boots, warm clothes, VCR, tapes, .35-millimeter camera, a .22-caliber rifle belonging to Dolan, miscellaneous items and a couple of hundred dollars from her purse; they took no jewelry because it was costume, but her jewelry box on the dresser had been moved and was left wide open. The telephone wires in the bedroom had been pulled out from the wall. One of the men ran out to get the car while the other two waited inside; when they left, Clarke ran to the kitchen window and saw the two men run to and throw the stolen items into a small four-door compact car like a Datsun, orange in color (it could have been green or blue for she looked primarily at the license plate), license number 1DHG983, which she copied on a slip of paper. She called police.

When Officer Horn arrived, Clarke was crying and upset and told him she had been robbed. The apartment had been ransacked and disheveled, drawers and clothing had been thrown about the bedroom and furniture had been moved. Clarke thought the men were Latin from the way they were dressed. She described the men to Officer Horn by hair color, complexion, age, height, clothing, weight and firearm; the man who held the gun to her head wore a multi-colored cap with ear flaps. She gave him the paper on which she had written the license number. Later she described the car to him as a small orange two-door vehicle (she was not sure of the color). Police lifted various fingerprints including one from the lid of Clarke’s jewelry box; that fingerprint belongs to defendant.

Clarke could not identify defendant as one of the men who robbed her; she had not looked at them much because she was too scared and nervous [580]*580and was afraid of being shot, nor was she able to identify defendant’s photo from a six-photo lineup shown to her by police, even when he was later pointed out to her. She did not know defendant, had no relationship with him and had never seen him before.

Forty-two days later, at 2:25 p.m., Officer McKillop noticed a blue four-door Datsun with license number 1DHG983; the expiration tag had been tampered with to make the “2” in 1982 look like an “8” for 1988; he pulled the vehicle over; defendant was the driver, his brother, a passenger; in the back was a camouflage-colored hat (identified by Clarke at trial as the type worn by the man who held the gun to her head) and under the driver’s seat, a fully loaded .25-caliber semiautomatic handgun (identified by Clarke as like the gun held to her head). Defendant told police his name was Cliff Brown, and was booked under that name. The next day, after waiving his Miranda rights, defendant told Detective Brown he was not involved in the incident at Clarke’s apartment and had no knowledge of it; the gun found in the car was his; the blue Datsun belonged to his girl friend who also owned an orange Datsun which he used on numerous occasions.

Clarke was cross-examined by defense counsel about her family; she testified she has a sister, Susan, married to Jeff Rogline, Jeff has two brothers, Tony and Chris, and a sister named Kathy who has a child by a man named Eddie Brown. She has never had any relationship with defendant, and never saw him before. On redirect examination she reiterated she never in her life had seen defendant and had never invited him to her home; compared in weight and height with the three robbers, defendant looked “that size exactly.” Tim Dolan did not know defendant and had not given him permission to come to the apartment.

Defense

Defendant denied robbing Clarke. He testified he had known her since she was in high school and had met her several times through Jeff Rogline who lives with Clarke’s sister Susan; his (defendant’s) stepbrother had a child with Jeff Rogline’s sister; he knows Jeff Rogline, Chris, Kathy, Coleen and Donnie.

Defendant did not dispute that the fingerprint on the jewelry box was his. He testified that in April, before the robbery, Clarke “paid me $1,600 to render—ft[] An illegal service that I didn’t comply with, [fí] I sold her bunk cocaine that wasn’t no good”; Clarke called him at his brother’s house and asked him to get her two ounces of cocaine; he went to her apartment and sold her what she thought to be cocaine, but was lactose or “bunk” cocaine, for $1,600; he remembered Clarke’s jewelry box because she kept money in [581]*581it and from it took $100 bills to pay him; he did not remember touching the box and had no reason to touch it, but must have done so; he left after she paid him the $1,600. He admitted Clarke never told him she was going to “get back at” him for selling her “bunk” cocaine; he never talked to her again. He also admitted he had been convicted of robbery in 1975 and robbery in 1980; as far as he knows Clarke knew about these convictions.

I

Attorney-client Privilege

At the conclusion of defendant’s testimony the following exchange occurred:

“The Court: Did you tell your lawyer about the story you just related on the stand?
“Mr. Takakjian [Defense Counsel]: Your honor, excuse me. I must object to the court’s question. That violates the attorney-client privilege.
“The Court: Did you tell your lawyer what you have testified to on the stand today?
“Mr. Takakjian: May the record reflect my objection?
“The Court: Yes, it will so reflect.
“Mr. Takakjian: Thank you, your honor.
“The Court: Did you tell your lawyer about this story that you told on the stand?
“The Witness [Defendant]: No. I just told him what it referred to. I didn’t tell all, exactly.
“The Court: When did you first tell him that?
“The Witness: From the very beginning.
“The Court: Well, so he knew about it at the time that Miss Clarke was on the stand, is that correct?
“Mr. Takakjian: Your honor, again my objection is that that violates the attorney-client privilege, sir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Tapia CA2/8
California Court of Appeal, 2021
(HC) Garner v. Cates
E.D. California, 2021
People v. Dyson CA3
California Court of Appeal, 2016
People v. Davis CA2/2
California Court of Appeal, 2016
People v. Vibanco CA5
California Court of Appeal, 2015
People v. Ramirez CA4/1
California Court of Appeal, 2015
People v. Lopez-Castillo CA1/2
California Court of Appeal, 2014
People v. Yi CA2/5
California Court of Appeal, 2014
People v. Baker CA5
California Court of Appeal, 2014
P. v. Binkley CA4/2
California Court of Appeal, 2013
P. v. Johnson CA1/3
California Court of Appeal, 2013
People v. Hinton
126 P.3d 981 (California Supreme Court, 2006)
People v. Gutierrez
52 P.3d 572 (California Supreme Court, 2002)
Manley v. State
979 P.2d 703 (Nevada Supreme Court, 1999)
People v. Shea
39 Cal. App. 4th 1257 (California Court of Appeal, 1995)
People v. Cooper
809 P.2d 865 (California Supreme Court, 1991)
People v. Moten
229 Cal. App. 3d 1318 (California Court of Appeal, 1991)
People v. Tamborrino
215 Cal. App. 3d 575 (California Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
215 Cal. App. 3d 575, 263 Cal. Rptr. 731, 1989 Cal. App. LEXIS 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tamborrino-calctapp-1989.