People v. Shorty CA2/3

Filed 5/26/16 P. v. Shorty CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B264622

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA090610) v.

AERICK WAYNE SHORTY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed. Cynthia Grimm, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________

Following a jury trial, defendant and appellant, Aerick Wayne Shorty, was found guilty of second degree robbery (count 1) and assault with a firearm (count 2), with prior serious felony conviction, prior prison term, and firearm use enhancements. He was sentenced to a state prison term of 25 years. We affirm. FACTUAL SUMMARY Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Trial evidence. On May 29, 2014, Wendell Muhammad had parked his Suburban truck along the curb on 108th Street in Los Angeles. He was sitting in the driver’s seat with his eyes closed when defendant Shorty and his accomplice, a woman named Aminah Thomas, approached the passenger side of Muhammad’s truck. While standing at the open window of the passenger door of Muhammad’s truck, Shorty leaned into the truck with a gun in his hand. He told Muhammad to give him everything he had or he would be shot. Thomas, who was standing a few feet behind Shorty, told Muhammad, “ ‘Do what he says,’ ” and “ ‘He’s not playing. Just give him your stuff, come on, come on.’ ” Muhammad tossed Shorty his wallet, although the wallet did not contain any money. Shorty grabbed Muhammad’s work iPhone from the dashboard and then asked Muhammad to open the center console. When Muhammad opened the console, Shorty noticed a white envelope inside the console and told Muhammad to give it to him. Muhammad handed Shorty the envelope, which contained the cash from Muhammad’s pay check, about $1,700 to $1,800. Shorty also told Muhammad to give him the watch Muhammad was wearing. Muhammad threw the watch on the passenger seat and Shorty grabbed it. Shorty and Thomas then began running down 108th Street. Muhammad followed them in his Suburban and saw them get into a Volkswagen Jetta and drive off. Muhammad had another cell phone with him, so he called 9-1-1. He ended up talking to 9-1-1 while he was pursuing the Jetta. After the Jetta crashed in an alley, Shorty and Thomas began running toward Century Boulevard. Muhammad followed them in his Suburban, still on the phone with the 9-1-1 operator, when he saw