People v. Moore CA3

Filed 12/26/13 P. v. Moore CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072715

Plaintiff and Respondent, (Super. Ct. No. 12F01739)

v.

CAMERON JUNISLEON MOORE,

Defendant and Appellant.

A jury found defendant Cameron Junisleon Moore guilty of robbery, attempted robbery, and assault with a deadly weapon. It also found true allegations he was armed in the commission of both the robbery and attempted robbery. On appeal, defendant contends the trial court should have stayed execution of sentence on the assault count because the assault was incidental to defendant’s attempted robbery of the same victim. We agree and shall direct the trial court to stay the sentence imposed on the assault count.

1

BACKGROUND We limit our recitation of the facts to those relevant to this appeal. On March 9, 2012, defendant and two codefendants set up a craigslist account pretending to have an iPhone to sell in order to lure robbery victims. Sanchez Robbery Alex Sanchez responded to the craigslist ad offering an iPhone for $200. He exchanged text messages with the supposed seller of the phone and they agreed to meet at 2213 Meadowbrook Road around 2:00 in the afternoon. When he drove up, Sanchez saw two African-American men and a Caucasian man outside the house; one of the African-American men was defendant. After Sanchez pulled into the driveway, Sanchez asked the Caucasian man standing in front of the house, “You’re the one with the phone?” The Caucasian man answered, “I’m going to get it”; he walked over to defendant, who handed him a gun. The Caucasian man then spun on Sanchez and said, “Give me everything you got.” Sanchez handed him $200 and drove away. Patsarynyuk Robbery The second victim, Roman Patsarynyuk, had placed his own craigslist ad asking to buy an iPhone. He was contacted by a man and agreed to meet the caller at a home on Meadowbrook Road around 2:00 p.m. When Patsarynyuk got there, he asked the woman standing outside if she was selling an iPhone; she said no, so he left. Soon afterward, a man called Patsarynyuk on his cell phone and told him they were expecting him “over there by the house,” so Patsarynyuk drove back to the Meadowbrook Road house. When he got there and got out of the car, he saw defendant and another African- American man. Defendant said, “I am the one who called you and I have the phone. Come here.” But when Patsarynyuk approached, defendant pulled out a gun and said, “Give me your phone, your money, and whatever you got.” Patsarynyuk paused for a few seconds; when he started to pull out his phone, defendant said “faster” and hit