People v. Smith CA4/1

Filed 8/20/14 P. v. Smith CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064769

Plaintiff and Respondent,

v. (Super. Ct. No. SCD246614)

MARTEL JAMAR SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Melinda J.

Lasater, Judge. Affirmed.

Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury found Martel Jamar Smith guilty of second degree robbery (Pen. Code,

§ 211). The court suspended execution of a five-year upper prison term sentence and

placed Smith on five years' probation. Smith appeals. We affirm.

BACKGROUND

On February 19, 2013, Alex T. was walking to school, carrying his iPhone. A

beige or gold Infiniti followed him then stopped and Smith, the driver, asked for

directions. After Alex provided directions, Smith circled in the Infiniti, drove past Alex