People v. White CA4/3

Filed 3/2/16 P. v. White CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050767

v. (Super. Ct. No. 13WF3583)

JOSEPH RYAN WHITE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dan McNerney, Judge. Affirmed. Patrick Morgan Ford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Joseph Ryan White of an “Estes” robbery (People v. Estes (1983) 147 Cal.App.3d 23 (Estes)) and commercial burglary. White claims the court erred by refusing his pinpoint robbery instruction and by providing an inadequate response to a related jury question. He also claims his burglary conviction must be reduced to a misdemeanor under Proposition 47. We reject White’s error claims, affirm the judgment, and conclude he must seek Proposition 47 relief in the trial court. FACTS AND PROCEDURAL SUMMARY 1. Trial Testimony Jibri Jackson was a loss prevention officer at a Rite-Aid store. Jackson testified he saw White walk inside the store carrying a plastic shopping bag. Jackson watched White put store merchandise into the shopping bag and leave without paying for it. Jackson followed White outside. Jackson, who is five feet, nine inches tall, and weighed about 215 pounds, testified he ran in front of White, showed White his security badge and said, “Excuse me, sir, store security.” White looked at him, but kept walking. Jackson allowed White to walk by, but stepped in front of White’s car door. He told White to stop or he would call the police. Jackson said White did not comply. Instead, White raised his forearms, pushed Jackson back against the car, and elbowed Jackson’s face. Jackson grabbed White and put “him [on] the ground.” White resisted by kicking and using his hands. Jackson, the store manager, and police officers subdued him. The store manager testified, “I seen Jibri follow the gentlemen out the door, and . . . told him to stop, to come back, that he was loss prevention. And at that point he panicked, ran to his car, tried to get in it, and there was a struggle. He ran around the front of the car and then they ran back . . . . And at that time they fell to the floor, started wrestling and he was detaining him on the floor. . . . And Jibri needed help, so I ended up holding his legs down. . . .”