People v. Cleveland CA2/5

Filed 8/11/16 P. v. Cleveland CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B263518

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA094844) v.

DOMINGO LAMONT CLEVELAND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Affirmed in part; corrected in part. Kevin D. Sheehy, 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, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Abtin Amir, Deputy Attorney General, for Plaintiff and Respondent.

A jury convicted defendant and appellant Domingo Cleveland (defendant) after hearing evidence he robbed a 7-Eleven store. It was his fourth robbery conviction, having sustained a juvenile adjudication for robbery in 1986 and felony convictions for robbery in 1991 and 1996. The trial court denied defendant’s motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike his prior convictions for purposes of applying the Three Strikes Law and sentenced him accordingly. We consider whether the court abused its discretion in denying defendant’s Romero motion.

I. BACKGROUND At about 2:00 a.m. on February 20, 2013, defendant entered a 7-Eleven store in San Pedro, walked up to the counter, and told the cashier, “I got a gun and I want the money.” Defendant had one hand in his pocket. The cashier asked defendant if he was 1 serious. Defendant replied, “I got a gun. I’ll shoot you.” The cashier gave defendant a “bunch” of one dollar bills, some five dollar bills and a ten dollar bill. Defendant demanded that the cashier give him money from a second register as well. When the cashier stated that he did not have the password for that register, defendant threatened to shoot him. The cashier opened the register and gave defendant a “chunk of ones.” Defendant fled, but was soon captured by police. After the jury convicted defendant on the robbery charge now before us, the trial court found true the allegations that defendant had (1) sustained three prior serious or 2 violent felony convictions within the meaning of the Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12); (2) sustained two prior serious felony convictions within the meaning of section 667, subdivision (a); and (3) served six prior prison terms within the