People v. Isaac CA2/4

Filed 1/24/14 P. v. Isaac CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B246239

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA086556) v.

RICKY ISAAC,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Margaret L. Oldendorf, Judge. Affirmed as modified. Jeffrey Lewis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Ricky Isaac appeals from the judgment entered following his conviction by jury on one count of commercial burglary (Pen. Code, § 459)1 and one count of petty theft with three prior convictions of certain offenses (§§ 666, subd. (a), 484, subd. (a)). We order the judgment modified to impose mandatory fees under section 1465.8 and Government Code section 70373. In all other respects the judgment is affirmed. On May 15, 2012, around 8:30 p.m., Piry Chavrin was working at the Fiore Market Cafe in South Pasadena, helping with a cooking class that was being held after regular business hours. The class was being held in a patio on the side of the building. The front door of the building was closed but not locked. Chavrin heard a bell that rings when the cash register is opened, so he went to the front room to check who had opened it. He saw appellant taking money out of the register. Chavrin yelled, “Hey,” startling appellant. Appellant ran out the door, and Chavrin chased him, calling for the cafe owner, William Disselhorst. Chavrin and Disselhorst chased appellant down the street, tackled him, and held him until the police arrived. When appellant stood up, there was a pile of money under him. The amount of money matched the amount taken from the cash register. Appellant was charged by information with second degree commercial burglary (§ 459), petty theft (§ 484, subd. (a)), and petty theft with three priors (§ 666, subd. (a)). The information further alleged that appellant had suffered eight prior convictions and served prison terms pursuant to section 667.5, subdivision (b). Appellant made a Marsden motion, seeking to replace his counsel. (People v. Marsden (1970) 2 Cal.3d 118.) After holding a hearing, the court denied his