People v. Arterberry CA2/4

Filed 10/15/13 P. v. Arterberry CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B242468

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.VA116917) v.

RASHEEN GERMAIN ARTERBERRY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert A. Higa, Judge. Remanded with directions. Meredith J. Watts, 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, Mary Sanchez and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Rasheen Germain Arterberry appeals from the judgment entered following his conviction by jury of second degree robbery and being a felon in possession of a firearm. (Pen. Code, §§ 211, 12021, subd. (a)(1).)1 The jury also found that during the commission of the robbery, defendant personally used a firearm and a principal was armed with a firearm. (§§ 12022.53, subd. (b), 12022, subd. (a)(1).) He alleges sentencing error and asks this court to conduct an independent review of the in camera hearing conducted pursuant to his Pitchess motion.2

STATEMENT OF FACTS3

On September 19, 2010, Fernando Tamaura was working at a Mobil gas station in the City of Whittier. At approximately 8:30 that evening, two males grabbed Tamaura and pulled him away from the counter where the cash register was located. One of the males was armed with a firearm. They asked him for money. One of the assailants went through Tamaura’s pocket and took $700 in cash. Tamaura was forced to open the cash register and the men took approximately $1,300. They also grabbed a cigar box that was nearby. When the robbers left the location, Tamaura saw them get into a gold Pontiac, which was being driven by a third individual. Tamaura got into his truck and followed the Pontiac as it left the station. Eventually, Tamaura saw the Pontiac park in a driveway. He lost sight of the three suspects when they went toward a back house. In court, Tamaura identified a picture of the Pontiac he followed and defendant as the armed robber. The robbery was captured on videotape and the recording was played for the jury.