People v. Woodberry CA2/6

Filed 12/4/13 P. v. Woodberry CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B245613 (Super. Ct. No. KA093008) Plaintiff and Respondent, (Los Angeles County)

v.

ANDRE LAMON WOODBERRY,

Defendant and Appellant.

A jury found Andre Lamon Woodberry guilty of second degree robbery. (Pen. Code, § 211.)1 The jury also found true the special allegation that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Woodberry admitted having suffered prior convictions within the meaning of sections 1203, subdivision (e)(4) and 667.5, subdivision (b).2 He was sentenced to a total of 14 years in prison. We affirm.

1 All statutory references are to the Penal Code unless otherwise stated. 2 The jury found not true that Woodberry personally used a firearm in the commission of the robbery. (§ 12022.53, subd. (b).) But the information contains no such allegation against Woodberry.

FACTS At approximately 1:05 p.m., on January 6, 2011, Kevin Davis was standing in front of Bassett High School waiting for his girlfriend. A car drove up and four men, including Woodberry, got out. Davis knew Woodberry as "Woody." Davis recognized Woodberry as someone who had given his cousin and other family members tattoos. Davis had a "beef" with Woodberry because Davis's cousin's girlfriend ended her relationship with the cousin and became Woodberry's girlfriend. One of the men asked Davis if he knew what neighborhood he was in. Davis replied "No," and the man said, "[T]his is Bassett." Davis said he was waiting for his girlfriend and had "no problem." The man pulled out a handgun and asked Davis what was in his pocket. Davis denied he had anything in his pocket. Woodberry punched Davis in the eye and took $1,000 and an "eight ball" of methamphetamine from Davis's pocket. An eight ball is much more than would be used by a single individual. The four men ran away. Davis called the police. He told Los Angeles Sherriff's Detective Gerald Groenow that Woody had robbed him. Groenow testified that Woodberry is a member of the Bassett gang. The gang has approximately 300 members. The gang's primary activities include robbery, narcotics and murder. The prosecution presented Groenow with a hypothetical based on the facts of the underlying offense. Groenow opined that the robbery was committed for the benefit of the Bassett gang. Defense Davis admitted that he is a gang member and that he has been charged with possession of drugs for sale. Louis Lujan is Woodberry's uncle and Baselisa Lujan is Woodberry's great-grandmother. They both live with Woodberry. Both Lujans testified Woodberry was at home at the time of the robbery.