People v. Price CA3

Filed 8/8/16 P. v. Price CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C079325

Plaintiff and Respondent, (Super. Ct. No. CRF145723)

v.

MARISSA WANDA PRICE,

Defendant and Appellant.

A jury convicted defendant Marissa Wanda Price of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)),1 carjacking (§ 215, subd. (a)), and unlawfully taking or driving a motor vehicle (Veh. Code, § 10851, subd. (a)). The trial court placed defendant on three years’ formal probation.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends that there is insufficient evidence of an intent to steal to support the robbery conviction. We shall affirm. BACKGROUND Around 6:00 a.m. on November 8, 2014, Adam Hubert started his 1996 Subaru Outback that was parked in the driveway of his Woodland home. He let the car idle while he went indoors to get his daughter ready for a softball tournament. The driver’s side door was unlocked, while the other car doors were locked. He routinely left his car idling in the driveway as he got ready to go, and had been “[v]ery comfortable” with this practice. While brushing his teeth in the bathroom, Hubert heard girls talking in the driveway followed by a car door slamming. Hubert bolted out of the bathroom to check on his daughter. When Hubert determined that his daughter was in the house getting ready, he went outside to determine what was taking place. Hubert swung open the front door and saw his car “backing out of [his] drive, two bikes laying down in the driveway, and a passenger trying to get in to the car and walking alongside of it as it is backing out.” He later identified the person trying to get into the car as codefendant Venessa McKee-Salazar. Upon seeing Hubert, the female driver panicked and backed over one of the bicycles. According to Hubert, the driver “backed out, kind of pulled the bike, she guns it, pulls the bike with her, bike shoots up under the car. She gets away.” The car’s back tires were getting out of the driveway when Hubert came running out. He yelled at the driver and McKee-Salazar to stop. McKee-Salazar stopped, but the car continued to pull away. Hubert ran up to the passenger side and started to pound on the window and scream. The driver shifted the car into drive while Hubert was yelling at her. The car then “jolted forward very fast.” Hubert, who was holding onto the door handle, was dragged a