People v. Polydore CA2/1

Filed 3/22/16 P. v. Polydore CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257550

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA414048) v.

LLEWAN L. POLYDORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Dennis J. Landin, Judge. Affirmed.

Jared G. Coleman, 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 Tasha G. Timbadia, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________

Defendant Llewan L. Polydore appeals from a judgment entered following a jury trial in which she was convicted of second degree robbery, contending insufficient evidence supported the finding that she harbored intent to commit the robbery. We affirm. BACKGROUND On the night of July 24, 2014, Polydore and her boyfriend, Dayshyuan Townsend approached James Navarro in Los Angeles. When Navarro attempted to evade them, they ran toward him, each holding an activated (sparking) taser gun. Townsend shocked Navarro with a taser and then tackled him and demanded his “stuff.” Navarro said, “You can have it. I think my phone fell back there. You can check. I don’t have it.” Townsend told Polydore to look for the phone, which she did, informing him, “It’s not here.” Townsend took $40 and a phone from Navarro’s pockets and fled. Polydore fled in another direction. Both were later arrested. A jury acquitted Polydore of assault but convicted her of second degree robbery. She was placed on five years formal probation and sentenced to 120 days in county jail, with 14 days of custody credit and 14 days of conduct credit. Polydore timely appealed. DISCUSSION Polydore contends the evidence was insufficient to support her conviction for second degree robbery because no evidence indicated she had the specific intent to aid and abet in the robbery of Navarro. We conclude the evidence sufficed. “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” (Pen. Code, § 211.) “Where the element of force or fear is absent, a taking from the person is only theft . . . .” (People v. Morales (1975) 49 Cal.App.3d 134, 139.) A person who aids and abets the commission of a crime or advises and encourages its commission is a principal in the crime and shares the guilt of the actual perpetrator. (Pen. Code, § 31.) A person aids and abets the commission of a crime when she, with