People v. Dillard CA5

Filed 4/27/21 P. v. Dillard CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F079142 Plaintiff and Respondent, (Super. Ct. No. F18904897) v.

MELTON ZEEDORE DILLARD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary and Jennifer Oleksa, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Melton Zeedore Dillard appeals his conviction for robbery. We affirm.

* Before Franson, Acting P.J., Smith, J. and Snauffer, J.

BACKGROUND Charges The Fresno County District Attorney charged Dillard with committing three crimes: Robbery (Pen. Code,1 § 211; count 1), felony assault (§ 245, subd. (a)(4); count 2), and resisting a peace officer (§ 148, subd. (a)(1); count 3). It was further alleged Dillard had suffered two prior strike convictions (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)).2 Trial Evidence The incident occurred at a mall in Fresno and was captured on surveillance video. The video shows the victim entering the mall with four other people including Dillard. In total, the five individuals spend more than 30 minutes together in and around the mall.3 The victim testified he went to the mall to buy shoes and had approximately $200 in cash in his wallet. While walking through the mall parking lot, he showed the four others his wallet, the cash inside it, and told them it was $200. Specifically, he showed them five 20 dollar bills, and one 100 dollar bill. “[A] few minutes” later he “remember[s] hitting the curb [and] flying over the curb.” He heard “one person telling them to stop.” His phone and wallet were taken. Dillard testified he saw a fight break out between the victim and one of the other people. He tried to stop the fight by saying, “Stop. Chill. Relax.” He “was pushing people trying to stop [the fight] and let [the victim] up” but acknowledged these actions

1 All statutory references are to the Penal Code. 2 The charges included allegations the same prior convictions qualified as enhancements pursuant to sections 667, subdivision (a), and 667.5, subdivision (b). The court ultimately dismissed these enhancements when it pronounced judgment. 3 The timeframe is based on the video surveillance timestamps.