People v. Barnes CA2/1

Filed 4/26/21 P. v. Barnes CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B304653

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA479377) v.

LC BARNES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael D. Abzug, Judge. Affirmed. Jerome J. Haig, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. ______________________

A jury convicted LC Barnes of attempted second degree robbery. The trial court sentenced him to an aggregate term of six years in state prison. On appeal, Barnes contends that the trial court abused its discretion in denying his motion to dismiss his prior qualifying conviction under the Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(i), 1170.121), which doubled his sentence. We find the trial court did not abuse its discretion, and thus, we affirm. FACTUAL AND PROCEDURAL BACKGROUND A. Evidence Supporting the Jury’s Verdict On July 9, 2019, Rosa Camperos was selling jewelry from a table at the corner of Fifth Street and Los Angeles Street in the City of Los Angeles. Barnes, who was in a wheelchair, approached the table and grabbed a display stand holding about 20 necklaces; each necklace had a retail value of about $20 to $25. Camperos and Barnes struggled over the display stand for several minutes as she tried to retrieve it from him. In the course of the struggle, Barnes grabbed a metal footrest from his wheelchair and swung it at Camperos’s head. Camperos yelled for help, and two neighboring vendors came to assist her. Barnes and one of the neighboring vendors struggled over the necklaces until the vendor was able to take them away from Barnes. Barnes left the scene; the police subsequently apprehended him.