People v. Gonzales CA2/5

Filed 5/8/15 P. v. Gonzales CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B258145

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA077407) v.

RAYMOND GONZALES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Martin Larry Herscovitz, Judge. Affirmed. Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, Jessica C. Owen, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant Raymond Gonzales (defendant) was convicted of attempted robbery (Pen. Code, §§664, 2111). On appeal, defendant contends that insufficient evidence supports his conviction. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence In the morning of April 3, 2014, Michael Trent and his wife, Jennifer Trent,2 were walking near an intersection in Studio City when they saw defendant approaching them from the opposite direction. Defendant’s clothes were dirty, he had a long beard, and it was “fair to say he looked homeless.” Defendant advanced within a foot of Jennifer, “turned very quickly and aggressively” toward her, “got very close to” her face, and aggressively asked her, “Do you have any spare change?” Defendant appeared to be angry. Jennifer testified that defendant was “very tall and was kind of standing over me.” Jennifer told defendant that she did not have any change, and continued walking. Defendant was then between Jennifer and Michael, preventing Michael from continuing to walk in the same direction unless he went around defendant. Defendant however did not stand in Michael’s way to try to keep him from going past him. With an “aggressive expression on his face,” defendant said to Michael three times is a “slightly raised” tone, “Give me your fucking wallet. I’ve got something in my pocket. Give me