P. v. Pereira CA3

Filed 7/23/13 P. v. Pereira CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C071385

Plaintiff and Respondent, (Super. Ct. No. 11F07102)

v.

RONALD JOSEPH PEREIRA,

Defendant and Appellant.

After a jury trial, defendant Ronald Joseph Pereira was convicted of robbery (Pen. Code, § 211; unless otherwise stated, all statutory references that follow are to the Penal Code), attempted carjacking (§§ 664/215, subd. (a)), felon in possession of a firearm (§ 12021, subd. (a)), and resisting an officer (§ 148, subd. (a)(1)). The trial court sentenced him to six years six months in state prison. On appeal, defendant contends the trial court erred in failing to instruct the jury that the specific intent to take property for a robbery must be formed before or during the use of force or fear. We affirm.

1

FACTS AND PROCEEDINGS On October 10, 2011, Broderick C. drove his mother‟s van to the Circle 7 store at the intersection of Watt Avenue and Marconi Avenue to buy iced tea and cigars. As Broderick C. left the store, defendant came up and took a swing at him. Broderick C. put up his fists in a defensive position while defendant ran at him and continued swinging. Broderick C. punched defendant in the face, knocking him to the ground. Defendant got up, grabbed Broderick C., and dragged him towards another car, where they both fell to the ground. Broderick C. was on top of defendant and defendant yelled for someone to get Broderick C. off of him. Codefendant Eric Chiprez got out of the driver‟s seat of the car, Chiprez hit Broderick C. and pulled him off of defendant. Defendant stood up and commenced to kick Broderick C. while Chiprez stood by his car. Defendant eventually pulled off Broderick C.‟s sweatshirt, causing Broderick C.‟s keys, cell phone, iPod, and wallet to fall on the ground. Defendant stopped the assault after the store‟s clerk threatened to call the police. Broderick C. stood up and saw codefendant Felicia Vasquez holding a handgun while sitting in the front passenger seat of Chiprez‟s car. Defendant said to Vasquez: “I should have slapped you, bitch, why you didn‟t shoot him, bitch? . . . Bitch, you had a clear shot, why you didn‟t shoot him?” Broderick C. raised his hands and backed away. Vasquez held the gun on Broderick C. while defendant gathered Broderick C.‟s belongings from the ground. Defendant then got into the back seat and Chiprez drove away. Sacramento County Sheriff‟s Deputy Alex Lopez went to the place of the crime. Broderick C. was very upset and had abrasions on his head and elbow. Deputy Lopez examined the store‟s security camera recording, which showed a man standing next to the