People v. Singletary CA2/1

Filed 12/29/20 P. v. Singletary CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B301566

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA021100) v.

ELLIOT SINGLETARY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory A. Dohi. Appeal dismissed. Juliana Drous, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

On June 9, 1995, appellant, 19-year-old Elliot Singletary, went to the mall with his codefendant Tommy Williams and four young females, in a car driven by one of the females. Singletary and some members of his group gathered outside the mall near where Mohamed Seyedi, Ramtin Shaolin, and four other young males were gathered. (People v. Williams (June 2, 1998, B107685) [nonpub. opn.], p. 2.)1 Seyedi asked Singletary if he had any marijuana. Singletary said no and asked Seyedi’s group if they were gang members. Seyedi responded, with words to the effect, “ ‘No. Do we look like gang-bangers? What kind of question is that?’ ” (Ibid.) Singletary replied, with words to the effect, “ ‘That’s the question I asked you.’ ” (Id. at pp. 2-3.) After a bit, Singletary walked back to the car, where Williams was sitting, and the two had a conversation. Then, Singletary ordered the girls to get back in the car. (Id. at p. 3.) The car carrying Singletary’s group drove off with one of the girls in the driver seat, Singletary in the front passenger seat, Williams on the right side of the rear passenger seat, and the other three girls to the left of Williams in the rear passenger seat. (People v. Williams, supra, B107685, p. 3.) Singletary directed the driver to follow Seyedi’s group, as the group walked to their car. On occasion, Seyedi’s group stopped, and the car stopped as well. During the second such stop, Singletary and Williams exited the car, opened the trunk, and moved their hands in a way that suggested they were exchanging something. Seyedi’s group continued to walk to their car, and the car carrying Singletary’s group continued to follow them. (Ibid.) When Seyedi’s group