People v. Harris CA3

Filed 10/28/24 P. v. Harris CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C098894

Plaintiff and Respondent, (Super. Ct. No. MAN-CR-FE-2022-0009338) v.

JARONE JERMAINE HARRIS,

Defendant and Appellant.

Defendant Jarone Jermaine Harris tried to buy a cell phone from the victim using fake money and attempted to flee before the victim could count the money. This resulted in a struggle as the victim tried to regain possession of the cell phone. Defendant was convicted of attempted robbery and assault with force likely to produce great bodily injury. On appeal, defendant contends there was insufficient evidence of a felonious taking as required for robbery and instead the crime committed was theft by false pretenses. We affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In September 2022, defendant responded to the victim’s online advertisement to sell his cell phone. The victim understood little English but agreed to meet defendant at a park. After greeting the victim at the park, defendant requested to see the cell phone by “signaling” and the victim showed defendant his cell phone. The victim then erased his personal information from the phone and handed the cell phone to defendant. Defendant gave the victim a roll of bills bound together with a rubber band. Before the victim could count the bills or take the rubber band off the bills, defendant began walking toward his car with the victim’s cell phone. The victim became suspicious and felt the roll of bills, suspecting the money was fake. As defendant made his way toward his car, which was idling with the car door open, the victim yelled at defendant in Spanish that the bills were fake and to stop. Defendant signaled with his hands to the victim to stay back and continued walking toward his car. The victim followed defendant to his car and after he grabbed defendant’s car keys, a fight ensued where defendant hit and bit the victim while attempting to drive away. Eventually, the victim retrieved his phone and fled with defendant’s keys. Defendant eventually fled. When police officers arrived at the scene, they conducted a search of defendant’s car and found 95 fake $100 bills. Additional police officers located and detained defendant, who was identified by the victim as the man who took his cell phone. Defendant was arrested. At trial, the victim testified he would not have allowed defendant to take the cell phone if he knew the money was fake. Based on the facts above, the jury found defendant guilty of attempted robbery and assault with force likely to produce great bodily injury. The trial court sentenced defendant to a total of six years. Defendant appeals.