People v. Stewart CA2/5

Filed 1/8/15 P. v. Stewart CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257029

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA130864) v.

CORNELIUS STEWART,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Eleanor J. Hunter, Judge. Affirmed. Richard L. Fitzer under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

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Appellant Cornelius Stewart pled no contest to one count of second degree robbery in violation of Penal Code section 211 and admitted that the robbery was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). Appellant also admitted that he suffered a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a). The trial court sentenced appellant to the upper term of five years for the robbery conviction, plus a five- year enhancement for the prior serious felony conviction. The court also sentenced appellant to a ten-year enhancement term pursuant to Penal Code section 186.22, but stayed imposition of that sentence on the condition that appellant have no contact with the victims while in prison. Appellant appeals from the judgment of conviction. Finding no error, we affirm.

Facts1 On November 14, 2013, Rickey Powell and Randall Tate drove to the Nickerson Gardens Apartments in Los Angeles. While parked and waiting for a friend, they were approached by a group of seven to ten men who told them to get out of the car. Many in the group were carrying guns. Someone in the group said, “It’s Bounty Hunters.” Two of the men took jewelry, cash and cell phones from Powell and Tate. They also took Powell’s new Air Jordan sneakers. The men searched Powell’s car and then told them to leave. Powell and Tate reported the robbery to Los Angeles Police Department. Someone from the Department showed them a photo of a man carrying white shoes which Powell identified as his stolen Air Jordans. Both men described the photo as blurry.