People v. Trujillo CA2/5

Filed 3/12/21 P. v. Trujillo CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B301815

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA109262) v.

RAUL TRUJILLO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James D. Otto, Judge. Affirmed.

Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury found Raul Trujillo guilty of two counts of second degree robbery and one count of hit-and-run driving, and found true the allegation that a principal was armed with a firearm. On appeal, he argues the flight instruction the trial court gave violated his right to due process. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND On May 17, 2018, appellant was speeding down a street in a blue Honda, ran a red light, and swerved around an Audi narrowly missing a motorcyclist. The motorcyclist and Audi, followed appellant. Appellant then suddenly slammed on his brakes, causing the Audi to rear-end him. Appellant sped off. The motorcyclist followed him, but after appellant ran several stop signs, the motorcyclist returned to the accident scene to talk with the Audi driver. They called the police. As the motorcyclist and Audi driver were waiting for the police, a black BMW pulled up and dropped off appellant and two other men. One of appellant’s companions pointed a loaded gun at the motorcyclist, and asked, “ ‘Were you the one that fuckin’ followed my homey?’ ” The man holding the gun then pointed it at the Audi driver and demanded “some type of payment[].” Appellant yanked the motorcyclist’s chain off his neck and took his phone. Appellant also grabbed the Audi driver’s phone. A police cruiser approached, and appellant’s companions walked away. Appellant, however, sat down on the Audi hood. As the cruiser pulled up behind the Audi, appellant began to casually walk away. The motorcyclist and Audi driver shouted to the police officer that they had just been robbed at gunpoint. Although appellant had walked out of sight, he was apprehended a short while later. Both the motorcyclist and Audi driver identified appellant and his vehicle in a field show-up.