People v. Murry CA2/7

Filed 4/14/25 P. v. Murry CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B335625

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA108088) v.

DAMU AKILI MURRY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed. Heather Monasky, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

Damu Akili Murry was convicted by a jury of one count of second degree robbery. The trial court denied Murry’s motion to strike his prior serious felony conviction and sentenced him to an aggregate term of six years in state prison. Murry appealed, and

we appointed counsel to represent him. No arguable issues have been identified after review of the record by appointed appellate counsel or our own independent review. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On June 24, 2023 Murry entered a department store with an empty duffel bag. Kevin Hong, an asset protection agent, was watching the closed caption television screens in the store when he observed Murry pick up two pairs of pants and two black “hoodies,” then immediately leave the store without paying. Hong approached Murry, identified himself as an asset protection agent, put his hand up with his palm forward, and said, “Stop, I’m with [the department store’s] asset protection, and I need to recover the unpaid for merchandise that you have.” Murry began yelling at Hong and claimed the merchandise belonged to him and he was the owner of the department store. Hong reiterated that he needed “the stuff back and then you can go.” Murry challenged Hong to a fight, threw the clothes on the ground, and held up his fists in front of his face. Hong put up his hands to defend himself, then Murry punched Hong in the mouth, causing his lip to bleed. Hong picked up the clothes and headed back into the store. Murry followed Hong into the store, carrying his duffel bag. Hong went to the fragrance counter where his manager was calling the police. Murry placed his duffel bag on the counter and demanded his money. Murry then left the store.