People v. Swanson CA1/3

Filed 7/16/21 P. v. Swanson CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A157641 v. RAMAURI SWANSON, (Contra Costa County Defendant and Appellant. Super. Ct. No. 5-180195-0)

Defendant pleaded no contest to robbery and now appeals from the restitution order finding him jointly and severally liable for $4,925.05 in victim restitution. Defendant contends that the victim’s loss resulted from his codefendant’s shooting the victim and had no connection to defendant’s conviction for robbery. He further argues the robbery was not a substantial factor that contributed to the victim’s loss. We affirm. FACTUAL AND PROCEDURAL BACKGROUND1 On June 28, 2017, Roman R.2 was raking leaves across from his house before the street sweeper arrived. Defendant and Gerald Cannon walked by and asked Roman R. for the time. Roman R. took out his cell phone and told

1 The factual summary is from the preliminary hearing testimony. To protect the victim’s privacy, we refer to him by his first name and 2

the initial of his last name. (Cal. Rules of Court, rule 8.90(b)(4).)

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them the time. Defendant and Cannon walked down the sidewalk together, and Roman R. continued raking. Moments later, Roman R. heard a sound “like [the] cocking [of] a weapon.” Roman R. turned around and felt the gun against his ribs. Cannon3 asked him “for everything.” Roman R. put his hands up while continuing to hold the rake in one hand. He testified, “I was afraid that if I moved or if I dropped it, he was going to shoot at me.” While Roman R.’s hands were up, Cannon took Roman R.’s wallet and truck keys out of his right front pants pocket. It seemed like Cannon “was struggling” to remove Roman R.’s belongings from his front pockets, so when Cannon reached for Roman R.’s front left pants pocket, Roman R. turned his body to the left so it would be easier for Cannon to remove his cell phone. Just after Roman R. moved, Cannon shot him in the chest. When Roman R. looked at Cannon, Cannon pistol-whipped him on the chin. Officer Kevin Frazier, a parking enforcement officer for the Richmond Police Department, was parked by the curb about 10 to 15 feet from where Roman R. was raking. He saw defendant and Cannon walk by his vehicle and pull their hoods over their heads.4 He watched them approach Roman R. and say something to him. Roman R. then took his phone out of his pocket, looked at it, and said something to defendant and Cannon. Defendant and Cannon then walked five to ten feet to the street corner and crossed the