People v. Goodlow CA2/4

Filed 7/22/16 P. v. Goodlow CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B265948

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA422433) v.

IVAN GOODLOW,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William N. Sterling, Judge. Affirmed. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler and Lance E. Winters, Assistant Attorneys General, Michael C. Keller and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________

Defendant Ivan Goodlow appeals from a 2015 judgment of conviction for second- degree robbery. (Pen. Code, § 211.)1 He challenges the court’s refusal to dismiss his 1999 prior strike conviction pursuant to section 1385. We affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY In March 2014, defendant entered a Little Caesars Pizza restaurant and asked the cashier if she could give him change for the bus. The cashier told defendant she could not open the register unless he made a purchase. Defendant then asked for a soda. He gave the cashier money for the soda, and she opened the register. Defendant then said, “Give me the money,” and jumped toward the register. The cashier was afraid and ran to the back of the store for her safety.2 She testified at trial that she was not touched by defendant and did not see him display a weapon. A witness who lived in a nearby apartment saw the defendant jump over a fence and run towards an apartment, where he sat down next to a planter and took money out of his pockets. Police found him in a nearby apartment complex in a “trash” room. In total, $70.38 was taken from the restaurant register. Defendant had about two dollars in change in his pockets, and six dollars was found on the floor where he was laying down. About 45 minutes after the robbery, the cashier identified defendant as the robber. The jury found defendant guilty of second-degree robbery (§ 211). Following the verdict, the court granted the prosecutor’s motion to allege prior convictions for first- degree robbery in 2003 (§ 211), and first-degree burglary in 1999 (§ 459). Each was charged as a prior strike pursuant to sections 667, subdivision (b) through (i) and 1170.12. Defendant waived a jury with regard to these charges. At a bench trial, the prosecution produced evidence of the 1999 and 2003 convictions. The court found the prior conviction allegations to be true. The court also found true the allegation that