People v. Kelly CA2/8

Filed 12/18/13 P. v. Kelly CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B249262

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA124642) v.

EDWIN KELLY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kelvin D. Filer, Judge. Affirmed.

Craig C. Kling, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

**********

Defendant and appellant Edwin Kelly appeals from the judgment of conviction following a jury trial. We affirm. On October 31, 2012, defendant was charged with one count of second degree robbery (Pen. Code, § 211).1 It was also specially alleged defendant had suffered several prior convictions and served prior prison terms within the meaning of section 667.5, subdivision (b). The information alleged that on August 24, 2012, defendant and his codefendant Saladin Minor2 unlawfully took, by force and fear, personal property from victim B.R. At his arraignment, defendant pled not guilty. The case proceeded to a jury trial in May 2013. During the trial, the victim, B.R., attested to the facts and circumstances of the incident in which defendant, codefendant Minor, and one other unidentified male, rear-ended the victim’s car. B.R. identified defendant in court, and explained that after he got out from the front passenger seat while she was trying to exchange information with Minor (who was the driver), defendant walked up to her car and grabbed her purse out of the vehicle. She described him as wearing a blue plaid shirt. She said defendant and Minor then ran back to their car and got in. The third male ran off and did not go back to the car. Both Minor and defendant tried to hit the victim as she attempted to retrieve her purse from their vehicle. Minor attempted to drive off while B.R. was still reaching into their car, and crashed into a semi-truck, injuring B.R. Los Angeles Police Department (LAPD) patrol officer Ryan Lozano and his partner, officer Arthur Gonzalez, testified to witnessing a portion of the incident. They came upon the scene, witnessed the struggle between B.R., Minor and defendant, the