People v. Fountain CA2/2

Filed 3/2/16 P. v. Fountain CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B263890

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA099982) v.

LAWRENCE TYRONE FOUNTAIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Arthur Jean, Jr., Judge. Affirmed.

Tracy L. Emblem, 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, Margaret E. Maxwell and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Lawrence Tyrone Fountain (defendant) appeals from the judgment entered after he was convicted of carrying an unregistered, loaded handgun, second degree robbery, and attempting to dissuade a witness by force or threat. He contends that substantial evidence did not support his conviction of dissuading a witness, and that the trial court was required to stay his sentence as to the dissuasion count under Penal Code section 654.1 Finding no merit to defendant’s contentions, we affirm the judgment. BACKGROUND An amended information charged defendant with the following four felonies: count 1, carrying an unregistered, loaded handgun in violation of section 25850, subdivision (a); count 2, unlawful firearm activity in violation of section 29825, subdivision (a); count 3, second degree robbery in violation of section 211; and count 4, dissuading a witness by force or threat in violation of section 136.1, subdivision (c)(1). The information alleged as to all counts that defendant was out of custody on bail or on his own recognizance at the time of the offenses, within the meaning of section 12022.1. At arraignment, count 3 was amended by interlineation to add the special allegation that a principal was armed with a firearm, within the meaning of section 12022, subdivision (a). A jury found defendant guilty as charged in counts 1, 3, and 4, and found true the special firearm allegation. On motion of the prosecution, the trial court dismissed count 2 in the interest of justice, and by agreement with the prosecution, defendant admitted the bail allegation in exchange for a prison term in this case of seven years. On March 26, 2015, the trial court sentenced defendant to a seven-year term, comprised of the upper term of five years as to count 3, plus two years for the bail allegation, a concurrent high term of four years as to count 4, and a concurrent two-year term as to count 1. The trial court stayed imposition of sentence for the true finding that a principal had been armed. Defendant was ordered to pay mandatory fines and fees, and was given 264 days of presentence custody credit.