People v. Richmond CA2/1

Filed 6/29/15 P. v. Richmond CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255882

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA396888) v.

EDDIE B. RICHMOND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig J. Mitchell, Judge. Affirmed. Carey D. Gorden, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record, we affirm the judgment. We provide the following brief summation of the factual and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124 (Kelly).) FACTUAL BACKGROUND On April 23, 2012, about 11:00 p.m. John Keel was standing on the corner of Sixth and Main in downtown Los Angeles. He was taking photos with his cell phone camera held above his head when the phone was grabbed out of his hands from behind. Keel turned to see a man he later identified as Eddie Richmond running off with his phone. Keel yelled at Richmond to stop and chased after him. He caught up with Richmond in an alley a short distance away, and demanded his phone back. Richmond responded by punching Keel twice and running off. Keel chased after Richmond again, until he saw a policeman in a squad car and flagged him down. When the police apprehended Richmond he had Keel’s phone in his pocket. On April 21, 2012, just before 5:00 a.m., Jaime Contreras was walking home, intoxicated. Contreras came upon two men (one of whom he later identified as Richmond) smoking marijuana at the corner of Sixth and Spring Streets, and asked if he could join them. The three men moved to a nearby alley where Richmond and the other man allegedly pushed Contreras to the ground. The men held Contreras down, slapped him and gave him some “body shots.” Richmond asked Contreras for his wallet. When Contreras refused to comply Richmond allegedly took a phone from Contreras’s pocket. Contreras broke free, began screaming and flagged down a police officer as Richmond and the other man fled. Contreras believed he recognized Richmond in the photographic lineup as one of the robbers, but was uncertain and unable positively to identify him.