People v. Magallan CA2/5

Filed 10/1/14 P. v. Magallan CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B252088

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA084249) v.

BULMARO J. MAGALLAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Antonio Barreto, Jr., Judge. Affirmed. Nikoo N. Berenji, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

Defendant and appellant Bulmaro Magallan was charged in a three-count information as follows: count 1, second degree robbery (Pen. Code, § 211); count 2, elder abuse (Pen. Code, § 368, subd. (b)(1)); and count 3, receiving stolen property (Pen. Code, § 496, subd. (a)).1 The information also alleged that, in the commission of the felonies alleged in counts 1 and 2, appellant personally inflicted great bodily injury on a person 70 years of age or older within the meaning of section 12022.7, subdivision (c). A jury found appellant guilty of all three counts, and found true the special allegation of great bodily injury with respect to counts 1 and 2. Appellant was sentenced 10 years in state prison, consisting of the high term of five years for the robbery conviction plus five years on the great bodily injury enhancement and a two-year term, to run concurrently, for the receiving stolen property conviction. A five-year term for the elder abuse conviction was stayed pursuant to section 654. Appellant appeals his conviction. Finding no error, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On June 1, 2013, Kenneth Raja was walking southbound on 6th Street in Santa Monica, carrying a boxed slice of pizza he had just purchased for lunch, when appellant approached him from behind. Appellant pushed Raja to the ground, pinning him down. He took Raja’s wallet and pizza. Onlookers came to Raja’s assistance, at which time appellant got off of Raja, picked up two large trash bags and began walking away. Raja quickly discovered that his wallet was missing. One of the onlookers followed appellant, retrieved the wallet which appellant had apparently dropped, and returned it to Raja. Raja’s cash, credit cards and identification were missing. Police apprehended appellant in swift order. They searched the bags in his possession and found the box of pizza Raja had been carrying, along with documents bearing the name Kelly Seay. Upon investigation, it was learned that Kelly Seay had