People v. Jackson CA2/8

Filed 6/23/15 P. v. Jackson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257237

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA408886) v.

GERALD XAVIER JACKSON,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Leslie A. Swain, Judge. Affirmed. Marta I. Stanton, 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, Assistant Attorney General, Yun K. Lee and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Gerald Jackson was found guilty by jury of kidnapping to commit robbery, robbery, forcible sexual penetration and carjacking. His sole contention on appeal is that the carjacking count is not supported by substantial evidence that the vehicle was taken from the immediate presence of the victim by force or fear. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Our summary is drawn only from those facts material to the narrow issue presented. Shortly after midnight on February 24, 2013, Michelle A. was driving on Kingsley Drive in Hollywood, having just visited with her brother. She was driving a rental car--a black Ford Focus. She came to a stop at the intersection with Santa Monica Boulevard, and noticed two young men standing on the corner. One of them, wearing a baseball cap, approached the front passenger side of Michelle’s car. He seemed “really anxious” and asked if Michelle could give him and his brother a ride, and made some sort of reference to being bothered by some individuals with a gun who “hate gay people.” Michelle initially said no, but then said it was alright, believing the two men were in danger. The man in the cap got into the front passenger seat, and defendant got into the back passenger seat. The man in the cap started to give Michelle directions where to drive them. Michelle began to worry because it was not in the general direction of Vermont Avenue which is where he had said they wanted to go before getting into the car. After they made a few turns and were in a residential area with dark streets, the man in the cap turned to Michelle and told her to stop the car and turn off the engine. He told her, “This is a scam, bitch. We have a gun.” He told her to give him her wallet. Michelle got her wallet from her purse and gave it to him. The man in the cap took the money from the wallet (approximately $30) and handed the wallet to defendant in the back seat. Michelle believes defendant took her bank debit card from her wallet at that time. Michelle said to please not take her license, and to let her go, and both men laughed.