People v. Lawrence CA2/1

Filed 2/6/14 P. v. Lawrence CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B241110

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA086402) v.

DERON C. LAWRENCE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed. Jennifer Hansen, 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, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, and Robert M. Snider, Deputy Attorney General, for Plaintiff and Respondent. ——————————

Defendant appeals his conviction of three counts of robbery (Pen. Code, § 211),1 one count of possessing a firearm as a felon (§ 12021, subd. (a)(1)), with true findings on the robbery counts that defendant personally used a firearm within the meaning of section 12022.53, subdivision (b). Defendant, who robbed the patrons of a bar by brandishing what appeared to the victims to be a gun, contends the trial court failed to instruct the jury they must find the weapon was real in order to convict on count 4 and to find the firearm allegations true. We affirm. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On May 31, 2009, Raymond Deadman was at the Camelot Bar in Long Beach around the time it opened in the morning. The bartender, Stacy Garrett, was present, as was another customer. Deadman, a regular, ordered his usual beer. Defendant came in the bar, holding a beer bottle, and left. A few minutes later, defendant came back with a gun in his right hand. The gun appeared to Deadman to be a black automatic weapon, not a revolver. Deadman had been in the Army for five years during World War II and was familiar with weapons. Defendant pointed the gun at Garrett, the bartender. Garrett got the money out of the cash register. Defendant put the gun to Deadman’s head and said, “‘Give me your money.’” Deadman pulled out his empty wallet and put it on the bar. Defendant said, “‘not that wallet,’ . . . I [saw] where you got your money to buy the beer.’” Defendant held the gun on Deadman, reached into Deadman’s pocket, and pulled $130 out. Deadman was scared, but he did not remember what the gun felt like against his head. Defendant left in a hurry. Deadman testified at trial he believed the gun was real. Frankie Richey goes to the Camelot Bar every day. The Camelot Bar is in a mall containing a doughnut shop, a cleaners, a barbershop, a liquor store, and a fish store. Before the bar opened, around 5:30 a.m. or 6:00 a.m., he saw defendant in the parking lot. Defendant approached Richey and asked what time the bar opened. When Richey told him 6:00 a.m. was the bar’s opening time, defendant responded, “‘Well, I really need