The People v. Matchem CA2/3

Filed 9/12/13 P. v. Matchem CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B239248

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA073041) v.

PIERRE LAMONT MATCHEM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed as modified. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Seth P. McCutcheon, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Pierre Lamont Matchem, appeals his conviction for petty theft (2 counts), resisting a peace officer (2 counts) and possession of a firearm by a felon, with prior serious felony conviction and prior prison term enhancements (Pen. Code, §§ 484, 148, subd. (a)(1), 12021 (former), 667, subd. (a) – (i), 667.5).1 He was sentenced to state prison for a term of five years and six months. The judgment is affirmed as modified. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On September 20, 2008, Chappell Bell was working as a loss prevention manager at the Burlington Coat Factory in Inglewood. While monitoring the store’s surveillance cameras, Bell saw defendant Matchem and two other people going in and out of the fitting room. Matchem then took some clothes from one of his companions and began walking toward the exit. As Matchem left the store, the alarm went off. Loss prevention managers Tim Baker and Sam Pinon escorted Matchem back into the store, and Bell joined them. Matchem suddenly shoved Pinon and turned toward Bell. Pinon grabbed Matchem, who began to reach into his front pocket. They fell to the floor struggling. Baker spotted a gun which he removed from Matchem’s pocket. When Inglewood Police Officers John Knapp and George Sanford responded to the store, they found Matchem still on the floor struggling with Pinon. Knapp and Sanford exchanged places with Pinon, got on top of Matchem and held him down, trying to handcuff him. Matchem struggled, fought with the officers and tried to get away. Knapp told Matchem numerous times to put his arms behind his back because he was under arrest, but Matchem would not