People v. Hauser CA6

Filed 10/11/13 P. v. Hauser CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039072 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1114324)

v.

STANFORD HAUSER,

Defendant and Appellant.

Defendant Stanford Hauser appeals from a judgment of conviction entered after he pleaded no contest to second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c) – count one),1 criminal threats (§ 422 – count two), and possession of an assault weapon (§ 12280, subd. (a)(1) – count three). In connection with counts one and two, he admitted that he personally used an assault weapon (§§ 12022.5, subd. (b), 1203.06) and that he was a minor (Welf. & Inst. Code, § 707, subd. (d)(1)). Defendant also admitted that he personally used a firearm in the commission of count one (§ 12022.53, subd. (b)). The trial court sentenced defendant to 12 years in state prison. On appeal, defendant contends: (1) the trial court was required to stay the punishments for counts two and three pursuant to section 654, and (2) the restitution fines should be reduced to $2,400.

1 All further statutory references are to the Penal Code unless otherwise stated.

We conclude that the sentence on count two must be stayed and the restitution and parole revocation fines must be reduced to $4,800. As modified, the judgment is affirmed.

I. Statement of Facts2 On August 25, 2011, police officers responded to a report of an armed robbery of medical marijuana from the victim‟s backyard. They were informed that the suspects had fled in a dark vehicle and one of them had a gun. After seeing a vehicle that matched the description given by the victim, they conducted a vehicle stop. There was a large pile of marijuana branches on the backseat of the vehicle and a strong odor of marijuana. After the officer detained the three suspects, they saw a one-year-old child sitting in a car seat in the backseat of the vehicle. In removing the car seat, the officer moved some of the marijuana branches and discovered an AK-47 assault rifle. Codefendant Breanna Pucine was identified as the driver of the vehicle. Codefendant Jules Duc had been sitting in the front passenger seat while defendant had been sitting next to the child in the backseat. Both defendant and Duc had marijuana leaves on their clothing. Meanwhile, one of the officers was speaking with the victim. The victim provided the officer with documentation of his prescription to grow medical marijuana. The victim suspected that someone had entered his backyard during the previous week. Thus, he became suspicious that someone had again entered the backyard when he received a “missed call” from his sister, who also lived in the residence. The victim, armed with a canister of mace, went into his backyard, where the sensor light was on, and saw two individuals. Duc immediately jumped the fence. After the victim cornered defendant and discharged the mace, defendant pointed a gun at him and threatened to shoot him if he did not back off. Defendant then jumped the fence and fled in a dark vehicle.