People v. Jones CA2/4

Filed 8/17/15 P. v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B258447

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA413335) v.

ANGEL MARLEY JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig Richman, Judge. Affirmed. Jessica Coffin Butterick and Lisa Ferreira, under appointment by the Court of Appeal, and Angel Marley Jones, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Appellant Angel Marley Jones appeals from judgment following a jury trial for 1 second degree robbery (Pen. Code, § 211). His appointed counsel filed a Wende brief (People v. Wende (1979) 25 Cal.3d 436), and appellant filed a supplemental brief in propria persona. We view the facts of this case in the light most favorable to the People and presume in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) In July 2013, Carmen Salas was a passenger on a city bus when appellant boarded the bus and sat behind her. As the bus was nearing a stop at Spring and Sixth Streets, appellant reached forward and grabbed the gold chain necklace Salas was wearing. Salas tried to hold onto the chain, but she had to let go when it became too painful. Appellant pulled the chain from Salas’s neck and fled through the rear door of the bus. A surveillance camera on the bus captured the incident. The bus driver, Lia Phang, also witnessed the incident through her rearview mirror. She notified her dispatcher to contact the police. Appellant ran down the street, darting in and out of buildings including the Alexandria Hotel. He was soon pursued by police officers and a private security guard, who was working nearby. Appellant was ultimately detained inside a luggage store and Salas’s necklace was found on the ground close by. Phang identified appellant at the scene as the perpetrator. The jury was shown the bus surveillance tape. Appellant testified on his own behalf and claimed this was a case of mistaken identity. He testified he went to the Alexandria Hotel to visit his daughter when he saw someone running; this running person happened to look like appellant. Appellant acknowledged that he also ran, but testified that he was just trying to cross the street. The jury found appellant guilty of second degree robbery. It also found that appellant had been convicted of attempted robbery in 2010, for which he served a prior prison term. In August 2014, the trial court sentenced appellant to a prison term of 11