People v. Daniels CA2/1

Filed 1/6/16 P. v. Daniels CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261765

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA428332) v.

JOHN R. DANIELS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert Vanderet, Judge. Affirmed with directions. Maggie M. Shrout, 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, Assistant Attorney General, Paul M. Roadarmel, Jr., and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent. __________

A jury convicted defendant John R. Daniels of attempted second degree robbery and simple assault. On appeal, Daniels alleges that the trial court prejudicially erred by instructing the jury that a robbery continues until the perpetrator has reached a place of temporary safety. He also contends that his simple assault sentence should have been stayed pursuant to Penal Code section 654 because the assault was the means of effectuating the attempted robbery. We conclude that Daniels’s sentence for assault should have been stayed. We otherwise affirm. FACTS AND PROCEEDINGS BELOW On November 1, 2013, Jose Sanchez rode his bicycle to work at the Galleria Market in Los Angeles. He arrived at work at approximately 7:30 a.m., parked his bicycle in a bike rack in the parking lot, and secured it with a cable lock. A short time later, Gregorio Gonzalez, a security guard at the market who was sitting in his car in the parking lot, observed Daniels cut the bicycle lock and begin to ride away on Sanchez’s bike. Gonzalez testified that he immediately exited his car and began chasing Daniels, yelling at Daniels to stop. Video evidence at trial, which depicted the parking lot on the morning of the robbery, showed Daniels leaving the parking lot with the stolen bike at 7:33:05, and Gonzalez chasing him out of the parking lot at 7:33:11—6 seconds later. Gonzalez testified that, after chasing Daniels less than a block, he caught up with Daniels and grabbed the bicycle seat and the back of Daniels’s jacket, again instructing Daniels to stop. Daniels then pulled out a knife and pointed it at Gonzalez. Gonzalez used the bicycle to knock the knife out of Daniels hand. When Gonzalez attempted to retrieve the knife from the ground, Daniels pulled out a bolt cutter, which he had used to cut the bike lock cable, and swung it at Gonzalez. Gonzalez lifted his left arm to block the strike, and the bolt cutter hit Gonzalez’s arm, causing swelling and bruising. Gonzalez then grabbed the bike and began to return to the Galleria Market. Daniels started to follow Gonzalez until Gonzalez stated he was going to call the police. Daniels then fled. Gonzalez returned to the parking lot with the bicycle at 7:36 a.m., approximately three minutes after Daniels stole the bicycle.