People v. Del Rosario CA4/3

Filed 4/28/21 P. v. Del Rosario CA4/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059347

v. (Super. Ct. No. 19HF1321)

DANIEL WILLIAM DEL ROSARIO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Julian Bailey, Judge. Affirmed. Richard Schwartzberg, 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, Eric A. Swenson, Allison V. Acosta, and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Daniel William Del Rosario was convicted by a jury of first degree robbery on a trackless trolley (Pen. Code, §§ 211, 212.5, subd. (a)) and various other crimes after he took a passenger’s backpack from a trolley, then fought the passenger outside the trolley when the passenger attempted to retrieve his backpack. Defendant raises a single issue on appeal: he contends his conviction for first degree robbery should be reduced to second degree robbery (with a corresponding two-year prison sentence reduction) because his confrontation with the passenger did not occur “on” a trackless trolley. We disagree and affirm the conviction and sentence. FACTS On the date of the incident, defendant and a friend were skipping stones at Laguna Beach. They drank a “copious amount of vodka,” then decided they wanted to get more rocks to skip and decided to take the trolley. Defendant’s friend was carrying a backpack. When they entered the trolley, the driver asked defendant whether he was drunk. Defendant admitted he was. The driver told defendant he had to leave, but defendant refused. A physical altercation ensued between defendant and the driver. One of the other passengers intervened and pulled defendant away. As defendant left the trolley, he took the intervening passenger’s backpack with him. The passenger gave chase and wrested the backpack back from defendant. As the passenger took back his backpack, defendant struck the passenger three times in the face. Defendant was charged with first degree robbery on a trackless trolley, as 1 well as several other offenses. The jury convicted defendant of the offense, making a specific finding “that the robbery was committed while the person robbed was a passenger on a trackless trolley.” On this count, defendant was sentenced to eight years 1 We omit discussion of these offenses and their underlying facts, as they do not relate to this appeal.