People v. Washington CA3

Filed 4/29/14 P. v. Washington CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C073065

Plaintiff and Respondent, (Super. Ct. No. 12F02117)

v.

JAMES CHARLES WASHINGTON,

Defendant and Appellant.

A jury found defendant James Charles Washington guilty of second degree robbery, receiving stolen property, and possessing a smoking device. The trial court found true allegations that he had a prior serious felony conviction and a strike and had served two prior prison terms. Defendant was sentenced to prison for 17 years, consisting of twice the upper term of five years for robbery plus five years for the prior serious felony and two years for prior prison terms. The court imposed a one-third

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consecutive term on the receiving stolen property charge and stayed that term pursuant to Penal Code section 654.1 Defendant contends, and the People concede, the conviction for receiving stolen property must be reversed because he cannot be convicted of both robbery of marijuana and receiving the same stolen property. We agree. FACTS In March 2012, Michael High and Edward Buchner were involved in a cooperative that grew medical marijuana.2 On March 22, 2012, High and Buckner traveled from Shasta County to Sacramento to sell marijuana to a man called Los, whom High had met on a previous occasion. High and Buckner brought with them two and one-half pounds of marijuana, which was packaged in plastic bags inside a backpack. The marijuana was worth approximately $6,250. High and Buckner arrived in Sacramento around 2:00 a.m. and contacted Los, who directed them to an apartment complex on Mack Road. When the duo arrived at the complex, Los came out to their truck and spoke to them. Defendant then came up behind Los and gestured to High to be quiet. Defendant grabbed Los under the armpits, lifted him up, and started yelling at Los, saying, “ ‘I’m going to pop you’ ” and “ ‘What the hell are you guys doing out here?’ ” Defendant then placed his hand on High’s chest and asked, “ ‘What are you doing out here? Who are you?’ ” When High responded that he did not want any problems, defendant pushed harder upon High and asked, “ ‘You want to get popped?’ ” and “ ‘Do you want to fucking die tonight?’ ” Defendant had one hand