People v. Salter CA2/8

Filed 9/8/14 P. v. Salter CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B250452

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA408132) v.

TREVON MARCEL SALTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Dennis J. Landin, Judge. Affirmed.

Laurie Wilmore, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald Engler, Acting Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Blythe Leszkay and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.

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Trevon Marcel Salter appeals from a judgment which sentences him to an aggregate term of 10 years and 4 months for attempted robbery.1 (Pen. Code, §§ 664/211.) We affirm. FACTS At about 2:30 in the morning on February 21, 2013, Juan Contreras was walking home from work along 7th Street and turned left onto Broadway. Mr. Contreras had his cell phone in his hand and was putting on headphones at the time. Because of construction, the sidewalk was partially enclosed by scaffolding and plywood that created a narrow passage-way about two and one-half feet wide and six feet long. Before Contreras reached the scaffolded passageway, he paused to allow two males, later identified as Salter and codefendant Rafael Madrid, to pass him.2 The two men were walking side-by-side toward Contreras and the passageway was too narrow for all three men to fit. Instead of passing Contreras, Salter and Madrid stopped within one foot of Contreras. Contreras had his back against the wall and he could see Broadway and 7th streets. Salter’s back and Madrid’s back were toward the street. Madrid said, “What’s up with you?” and pulled out what Mr. Contreras thought was a knife. When Contreras did not respond, Mr. Madrid demanded, “You don’t hear me? Give me your phone.” Madrid thrust the object that Contreras believed to be a knife upwards two times. Salter remained side-by-side with Madrid, with one hand in his pocket and the other holding a skateboard, but otherwise never moved and did not say anything. Contreras feared for his life because he thought Salter was going to hit him with the skateboard and that Madrid would stab him. Contreras could not find a way to run because there was a wall to one side and a wall to his back.