People v. Hunter CA2/4

Filed 5/24/16 P. v. Hunter CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B263599

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA057774) v.

DAMIAN JAMAL HUNTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Affirmed as modified. Tracy A. Rogers, 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, Michael C. Keller and David A. Wildman, Deputy Attorneys General for Plaintiff and Respondent.

______________________________

Defendant Damian Jamal Hunter appeals from the judgment entered after his jury 1 conviction of second-degree robbery (Pen. Code, § 211). He seeks reversal on the grounds that the evidence does not support the verdict and that the trial court should have declared a mistrial because the jury was deadlocked. We find that there is substantial evidence to support the conviction and that the trial court did not abuse its discretion in determining that there was a reasonable probability the jury would reach a unanimous decision. On the People’s concession, we strike one of two five-year terms imposed under section 667. The judgment is affirmed as modified. FACTUAL AND PROCEDURAL SUMMARY On October 24, 2012, at approximately 8:00 p.m., the victim, a delivery driver for 2 Rigatoni’s Pizza, made a delivery to an apartment complex. The items delivered were pizza, chicken wings, and two liters of coke. When he arrived, he saw a woman waiting for him outside and a man standing behind a truck in the driveway. The driver removed the food from his vehicle and handed the receipt to the woman. As he waited for her to pay, the man walked up to him, placed what the victim thought was a gun in his stomach, pushed him against his delivery vehicle, and said, “[G]ive me all your money, mother fucker.” The victim gave the man all the money he had in his pockets. The man took the money and food and walked away. The victim returned to his vehicle and drove away. He found a sheriff’s vehicle several blocks away, stopped, and reported the robbery. Deputy Andrade responded to the apartment complex. In an apartment rented by Robin Castro, he found chicken wings on the table, pizza in a plastic bag in the oven, and a red hooded sweatshirt in a hall closet. Later that evening, a sheriff’s deputy brought the victim back to the apartment