People v. Outlaw CA2/1

Filed 12/22/15 P. v. Outlaw 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262532

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA419276) v.

CHRISTOPHER CRAIG OUTLAW,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rand S. Rubin, Judge. Affirmed. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Christopher Craig Outlaw (Outlaw) appeals from a judgment sentencing him to five years in prison for the robbery of a jewelry store and an assault on the store’s owner. On Friday, June 17, 2011, at approximately 4:00 p.m., three individuals entered the jewelry store of Eric Kim. Initially, Mr. Kim assumed that they were customers and approached them as such. Mr. Kim was quickly disabused of his assumption. In short order, he was pepper-sprayed, the glass countertops to his jewelry display cases were smashed, and most of the gold jewelry stolen. When Mr. Kim attempted to stop the robbers, one of them struck him on the head and leg with a hammer; his head wound required stitches. Mr. Kim estimated that his losses totaled $400,000. Following the robbery, Mr. Kim never re-opened his store for business. Immediately after the robbery, Mr. Kim noticed blood on the shattered glass, the display cases, and on the floor. Detectives investigating the robbery subsequently collected four blood samples from the crime scene. On May 19, 2014, an information was filed charging Outlaw with three felonies in connection with the robbery of the Mr. Kim’s jewelry store: robbery (Pen. Code, § 2111), assault with a deadly weapon (§ 245, subd. (a)(1)), and unlawful use of tear gas (§ 22810, subd. (g)(1)). Outlaw was arraigned and pleaded not guilty. On December 8, 9, and 11, 2014, the jury heard testimony which established that the DNA from two of the blood samples matched Outlaw’s DNA, which was obtained from a buccal sample taken on August 27, 2013. In addition, it was established that earlier on the very same day that Mr. Kim’s jewelry store was robbed, Outlaw participated in a similar but unsuccessful attempted robbery of another similar jewelry store located just a few miles from Mr. Kim’s store—after Outlaw’s two accomplices attempted to smash the jewelry display cases at this other store, the owner was able to drive off all of the would-be robbers with pepper spray. Outlaw’s role in this earlier robbery attempt was to reach inside the display cases once his accomplices had smashed the glass and grab the jewelry.