People v. Quinn CA5

Filed 4/25/14 P. v. Quinn CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F066604

v. (Super. Ct. No. F12903927)

GREGORY WAYNE QUINN, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Alvin M. Harrell, III, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Gomes, Acting P.J., Poochigian, J., and Franson, J.

Appellant, Gregory Wayne Quinn, appeals following his conviction by plea of robbery (Pen. Code, § 211). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY Shortly before 10:00 p.m. on May 29, 2012, victim one drove with victim two to an apartment complex in Fresno to buy marijuana from Quinn. After parking at the complex victim one got out and met with Quinn at the corner of a building. Quinn then brandished a small silver gun and demanded victim one’s money. Victim one turned to run and heard several clicks as if the gun had misfired. Victim two saw victim one running away from the complex yelling that he was being robbed. Victim two then saw Quinn at his car window pointing a gun at his face and demanding that victim two give him all his money. Victim two told Quinn he did not have any money and gave Quinn his phone. Quinn left victim two and pursued victim one. When Quinn caught up to victim one, he pointed the gun at victim one’s head and told him to give him everything he had. Victim one gave Quinn $700 that he had intended to use to purchase marijuana. Meanwhile, victim two fled and located some police officers at a nearby apartment complex. While an officer spoke with victim two, other officers contacted Quinn inside a gray car that matched the description of the car in which the robber left the scene of the robberies. Victim two was driven to the location and identified Quinn as the man who robbed him. Victim one also identified Quinn as the man who robbed him. Quinn identified himself with a false name to the officers. On November 9, 2012, the district attorney filed an information charging Quinn with two counts of robbery (counts 1 & 2), one count of providing a false name to a police officer (§ 148.9, subd. (a), count 3), two separate personal use of a firearm enhancements (§§ 12022.5, subd. (a) & 12022.53, subd. (b)) in counts 1 and 2, and three