People v. Lipscomb CA2/6

Filed 9/14/15 P. v. Lipscomb CA2/6 Opinion on remand from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B255750 (Super. Ct. No. BA417435-01) Plaintiff and Respondent, (Los Angeles County)

v. OPINION ON REMAND FROM SUPREME COURT SANDRA LIPSCOMB,

Defendant and Appellant.

Sandra Lipscomb appeals a judgment following conviction of second degree robbery, with a finding that she served three prior prison terms. (Pen. Code, §§ 211, 667.5, subd. (b).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY In the evening of October 16, 2013, Steven Bowser, a uniformed security officer at CVS Pharmacy, observed Lipscomb enter the pharmacy. Lipscomb wore a loose sweater, carried an empty bag, and accompanied an unidentified man. Denise Ruvacalva, the pharmacy loss prevention officer, saw Lipscomb take "a handful" of lipsticks from the cosmetics shelf without checking the lipstick color or price. Ruvacalva believed that Lipscomb's clothing and behavior were suspicious. Lipscomb walked to another aisle where she and her male companion removed the security stickers from the lipsticks. Ruvacalva saw Lipscomb conceal the

1 All further statutory references are to the Penal Code unless stated otherwise.

lipsticks in her sweater pocket and bag. Lipscomb and the man then selected soda and ice cream from the store coolers and walked to the front cash registers. As they approached the registers, Lipscomb left several lipsticks in a bin near the registers. She and the man then paid for soda and ice cream and left the pharmacy. As Lipscomb and the man walked outside, Ruvacalva and Bowser approached. Ruvacalva identified herself as the pharmacy loss prevention officer, and she demanded that Lipscomb return the unpaid merchandise. Lipscomb responded that she "put it back." Ruvacalva demanded that Lipscomb return to the pharmacy and "show [them] what [she] took." Lipscomb replied that she did not "have anything." The man stated: "[T]hey can't put their hands on you. They can't do anything. Let's go." Ruvacalva then took Lipscomb's bag, stating, "[G]ive me the merchandise." In response, Lipscomb grabbed Ruvacalva's hair and struck her repeatedly with a closed fist. Bowser asked Lipscomb's companion to assist in stopping the altercation, but he refused. Coincidentally, Los Angeles Police Officer Jose Salazar was driving by and saw the two women fighting in the street. When he stopped his patrol vehicle, Lipscomb dropped her bag and a lipstick, and she and the man ran away. Salazar pursued Lipscomb and found her hiding between parked cars. Her bag contained six new packets of "Crazy Glue" and a lipstick, items all later identified as unpaid CVS merchandise. The CVS computer indicated that the store contained Crazy Glue packets in stock, but the shelf area that contained the Crazy Glue packets was empty. At trial, the prosecutor played a video captured by the CVS security cameras depicting Lipscomb's actions inside the pharmacy that evening. The jury convicted Lipscomb of second degree robbery. (§ 211.) In a separate proceeding, she admitted serving three prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced her to a prison term of three years for the robbery conviction plus three years for the three prior prison terms served. The court also imposed a $300 restitution fine, a $300 parole revocation restitution fine (stayed), a $40 court security fee, and a $30 criminal conviction fee, and it awarded