People v. Ramirez CA2/1

Filed 5/13/15 P. v. Ramirez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B257836

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA062237) v.

ALFREDO RAMIREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed. Alan S. Yockelson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, William Shin and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury convicted defendant of one count of second degree robbery (Pen. Code, § 211),1 with a true finding that defendant personally used a dangerous or deadly weapon in the commission of the offense (§ 12022, subd. (b)(1)). Defendant argues the trial court erred by failing to adequately answer the jury’s question whether they needed to find all elements of the offense in order to convict him, thereby lowering the prosecution’s burden of proof. We affirm. BACKGROUND On February 26, 2014, defendant and codefendants Aaron Garcia Reynoso and Jose Alberto Lopez Hernandez robbed Demetrio Catalan Sanchez. Defendant was charged in an information filed March 19, 2014, with one count of second degree robbery (§ 211), with the further allegations that the offense was a violent felony within the meaning of section 667.5, subdivision (c) and section 1192.7, subdivision (c), and that defendant personally used a dangerous and deadly weapon, a BB gun, in the commission of the offense within the meaning of section 12022, subdivision (b)(1).2 On February 26, 2014, between 5:30 p.m. and 6:00 p.m., Demetrio Catalan Sanchez was walking by himself on Fifth Street and Avenue R in Palmdale. Defendant got out of a large truck, approached Sanchez, took out a gun, and asked for Sanchez’s money. When Sanchez responded that he did not have any money, defendant demanded his wallet. Defendant pointed the gun downward at a 45-degree angle. The gun in defendant’s hand scared Sanchez. Sanchez believed it was a real gun. Another man opened the passenger door of the truck (codefendant Lopez Hernandez) and yelled, “Give up the money.” Sanchez gave his wallet to defendant. Sanchez’s wallet contained approximately $15 to $18, a bank debit card, his driver’s