People v. Hearn CA2/1

Filed 9/23/15 P. v. Hearn CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B258735

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA418217) v.

EBONI ROCHELLE HEARN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bob S. Bowers, Jr., Judge. Affirmed. Leonard J. Klaif, 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, Susan Sullivan Pithey, Supervising Deputy Attorney General, and Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent. ——————————

Eboni Rochelle Hearn appeals jury verdicts of guilty on two counts of grand theft and one count of second degree commercial burglary. We affirm. BACKGROUND An amended information charged Hearn with 10 counts of felony grand theft of personal property exceeding $950, in violation of Penal Code section 487, subdivision (a),1 and four counts of felony second degree commercial burglary, in violation of section 459. Hearn pleaded not guilty. A codefendant charged with 12 counts of grand theft and commercial burglary pleaded guilty to two counts of grand theft, and the other counts against her were dismissed; she is not a party to this appeal. During jury deliberations, the trial court dismissed one count of grand theft for insufficient evidence under section 1118.1. The trial court accepted a partial verdict of guilty on counts 12, 13, and 19 and not guilty on counts 1, 3, and 4. One juror was discharged, an alternate juror was substituted, and the jury again began deliberation on the remaining counts. The jury acquitted Hearn on one of those counts. After the jury could not reach a verdict on the then remaining counts, the court declared a mistrial, denied Respondent’s request to retry those counts, and dismissed them. The trial court sentenced Hearn to four years and four months in county jail, fines, and fees. The court selected count 12, second degree burglary, as the base count and sentenced Hearn to the upper term of three years; on each of counts 13 and 19, Hearn received one-third the midterm or eight months each, to run consecutively to count 12. Hearn filed a timely appeal. Count 12 (felony second degree commercial burglary, April 4, 2013) At trial, Matthew Entrekin testified that he was working as a store manager at a CVS Pharmacy in Encino on April 4, 2013, when a group of four women, including Hearn, entered the store. Hearn and the group caught his attention because they had been in the store many times before for “various reasons.” On those earlier occasions, after the