People v. Rogers CA2/6

Filed 12/16/20 P. v. Rogers CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B296696 (Super. Ct. No. 2018024455) Plaintiff and Respondent, (Ventura County)

v.

DANIEL STEVEN ROGERS,

Defendant and Appellant.

Daniel Steven Rogers appeals a judgment following his conviction for home invasion robbery (Pen. Code,1 §§ 211, 213, subd. (a)) and conspiracy to commit a crime (§ 182, subd. (a)(1)). He fell within the purview of the “Three Strikes” law and the trial court sentenced him to an aggregate prison sentence of 17 years. We conclude, among other things, that: 1) sufficient evidence corroborated the evidence presented against him by his accomplices, and 2) the trial court erred by sentencing him to a concurrent 12-year sentence on the conspiracy count. (§ 654.)

1 All statutory references are to the Penal Code.

We modify the judgment to stay the sentence on the conspiracy count. As so modified, the judgment is affirmed. FACTS On June 7, 2017, Aaron Smith reported to police that three African-American men entered his home, assaulted him, and took cash from a table in his residence. The men who attacked Smith were wearing masks. Smith testified he was unable to identify the men who attacked him because their faces were covered. Jenny Batdorj, Smith’s neighbor, made a 911 call to police. In that call she said she saw “[a] bunch of people” running from Smith’s residence screaming “he’s dead, he’s dead.” She said that “two of ‘em ran” to one side of the building and “two of ‘em ran” to the other side. On August 16, 2017, the police interviewed Brandon Jefferson. Jefferson admitted that he, along with Xavier Smith, Brandon Dreher, and Rogers, committed the June 7th robbery. He said Rogers was the “lookout.” The victim Aaron Smith had owed Jefferson money for pills he had supplied to Smith. Jefferson testified Smith sold prescription drugs. Rogers texted Jefferson stating, “What’s up with TO, dude [Aaron Smith].” Jefferson responded on June 7, 2017, that Smith “just got a shipment . . . . he’s loaded.” Rogers responded, “[L]et’s go scope the scene and then we can do it.” In August 2017, Dreher was interviewed by the police. He confessed that he was involved in the June 7th crime. He said he and Rogers acted as lookouts. About two months after the June 7th robbery, Sheriff’s Deputy James Douglas interviewed Rogers. In response to a question about where he was on June 7, Rogers said he was watching his girlfriend’s son. Douglas testified that Rogers’s