People v. Ingram CA2/6

Filed 4/28/21 P. v. Ingram 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B304158 (Super. Ct. No. 2019001072) Plaintiff and Respondent, (Ventura County)

v.

ANDRE LAMONT INGRAM,

Defendant and Appellant.

A jury convicted appellant Andre Lamont Ingram of four counts of second degree robbery. (Pen. Code, § 211.) He was sentenced to eight years in prison, consisting of five years on the first count plus three consecutive one-year terms on the remaining counts. Appellant contends the trial court abused its discretion by admitting a peace officer’s lay opinion that the robbery suspect’s voice on surveillance tapes and phone calls was that of appellant. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND Gas Station Robberies On July 29, 2018, at around 9:23 p.m., T.D. was working at the Shell Gas Station in Ventura when a man rushed in and pointed a gun at him. The man’s face was covered from the bridge of his nose down. He was between five and a half to six feet tall. T.D. complied with the man’s demand to open the cash register. The man took the money along with T.D.’s cell phone. On August 1, 2018, at approximately 9:55 p.m., B.F. was ending his shift at the Shell Gas Station in Camarillo. A man wearing a mask and a “hoodie” entered the area behind the cash register. He pointed a gun at B.F., grabbed the drawer to the open register, which contained $400 to $500, and then ran away. B.F. testified that the man had “darkish” skin and dark color eyes. A surveillance camera directly behind the register captured footage of the robbery, including the man’s demand to “[o]pen the fuckin’ register now.” On August 3, 2018, at around 11:20 p.m., B.M. was working at the Mobil Gas Station in Thousand Oaks when a masked man approached, pointed a gun at him and demanded that he open the cash register. The man took the cash and asked for the “coins register,” which contained coins and some bills for change. When B.M. refused, the man searched the area and found the coins register. After he took the coins register, the man pointed the gun at B.M. and told him to take out his wallet and phone. B.M. complied, and the man took the wallet before rushing outside in the direction of the Motel 6 to the right of the gas station. B.M. locked the doors and called 911.