People v. Haub CA1/5

Filed 9/24/20 P. v. Haub CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A157525 v. JASON MICHAEL HAUB, (Sonoma County Defendant and Appellant. Super. Ct. No. SCR696089)

Jason Michael Haub demanded money from a bank teller. Afraid—and concerned Haub was armed—the teller complied. A jury convicted Haub of second degree burglary (Pen. Code, § 459)1 and second degree robbery (§ 211). The trial court suspended imposition of sentence and placed Haub on probation with various conditions, including that he spend a year in county jail. The court also imposed and suspended a $330 probation revocation fine (§ 1202.44). Haub appeals. He argues the court prejudicially erred by failing to sua sponte instruct the jury on grand theft, a lesser included offense of robbery. Haub also contends—and the Attorney General agrees—the probation revocation fine should be reduced to $300.

1 Undesignated statutory references are to the Penal Code.

1

We modify the judgment to reduce the probation revocation fine to $300. As modified, we affirm. FACTUAL AND PROCEDURAL BACKGROUND The prosecution charged Haub with second degree burglary (§ 459) and second degree robbery (§ 211). Overview of Prosecution Evidence In November 2016, Haub was in financial trouble: he lost $1,000 gambling and owed his roommate $1,000 in rent. On November 8, Haub’s roommate asked for the rent money; Haub said he would borrow money from a friend. That day, Cristina R. was working as teller at a Santa Rosa bank. A man—later identified as Haub—came into the bank and approached Cristina’s teller station. Haub was wearing a hoodie, a baseball cap, and sunglasses. He gave Cristina a “weird[,] uneasy feeling.” Haub handed Cristina a robbery note demanding “hundreds, fifties, twenties.” Cristina read the note and tried to keep it. In an aggressive voice, Haub told Cristina: “ ‘[D]on’t be stupid, give it back.’ ” Cristina complied. She was afraid. She was also concerned the situation would “get worse” if she did not follow Haub’s directions. Haub put a money bag on the counter. He told Cristina not to put a “dye pack” in the bag, which she interpreted as a “threat.” Cristina placed money in the bag; Haub “requested more.” Cristina reached into the money drawer and “grabbed the fifties” and the “twenties.” She was worried Haub might be armed. Cristina pressed the “panic button” under the counter. Haub took the money—approximately $2,000—and left. Cristina ran to her desk and