People v. Crockett CA2/8

Filed 1/7/15 P. v. Crockett CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B252976

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA392378) v.

ROTHELL CROCKETT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Anne H. Egerton, Judge. Affirmed as modified.

Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Jessica C. Owen, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted Rothell Crockett of carjacking (count 1; Pen. Code, § 215, subd. (a)),1 robbery (count 2; § 211), and receiving stolen property (count 3; § 496, subd. (a)).2 The trial court thereafter found Crockett had suffered five prior convictions with a prison term (§ 667.5, subs. (b)), two prior convictions which qualified as strikes (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)), and two prior convictions which qualified as serious felonies (§ 667, subd. (a)(1)). The court sentenced Crockett to a third strike term of 25 years to life on count 1, plus 10 years for the prior serious felony convictions. Further, the court imposed a third strike term of 25 years to life on count 2, plus 10 years for the prior serious felony convictions, but stayed the sentence pursuant to section 654. The court also stayed the sentence on count 3. We modify the judgment by vacating the conviction on count 3, and as modified, affirm the judgment. FACTS At about 10:20 p.m. one New Year’s Eve, Ray Pickens was withdrawing money from an ATM at a gas station when Crockett approached. Crockett brandished a handgun,3 and demanded the keys to Pickens’s Infinity, and the cash. Pickens said his four-year-old daughter was with him, and asked to get her out of the car. After unbuckling his daughter and taking her out of the car, Pickens handed his car keys and the cash to Crockett, who then drove away in Pickens’s car. Pickens called 911 and reported the incident. About two hours later, now early on New Year’s Day, Los Angeles Police Department Officer Matthew Casalicchio attempted to stop Crockett in the course of investigating another incident. Crockett failed to comply with the officer’s directions and went behind a box that housed electrical equipment. As Officer Casalicchio watched, Crockett put what the officer believed to be handgun on the ground. Crockett