People v. Robinson CA2/4

Filed 6/24/14 P. v. Robinson CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B250815

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA125118) v.

RASHAD ROBINSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John T. Doyle, Judge. Affirmed. Rachel Varnell, 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, Assistant Attorney General, Shawn McGahey Webb and Jonathan J. Kline, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION A jury convicted defendant Rashad Robinson of two counts of second degree robbery. (§ 211.)1 The trial court imposed a two-year state prison sentence. In this appeal, defendant contends that his convictions must be reversed because “[t]he evidence was insufficient [because] it did not reveal either of the takings were accomplished by means of force or fear.” We disagree and therefore affirm the judgment.

STATEMENT OF FACTS Defendant committed the first robbery on September 18, 2012.2 At approximately 12:40 p.m. that day, Irma Lima was walking toward a Food 4 Less market. Lima saw defendant leaning against a pillar, staring at her. Lima walked in front of him, proceeding to where the shopping carts are kept. Lima wore a gold chain with a crucifix around her neck. As Lima began to take a shopping cart, defendant grabbed her “from behind.” She “felt like his finger was in [her] lip. And then [she] felt the tug.” Defendant quickly took the gold chain from around Lima’s neck. He “scratched” her and Lima felt “his fingers” “really going deep on [her] neck.” The scratch on her neck left a mark that remained for “[a]bout a week.” Lima was surprised and “a little” afraid. After taking Lima’s gold chain, defendant quickly fled.3