People v. Blue CA2/7

Filed 7/27/21 P. v. Blue CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B310450

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA066161-02) v.

ANTHONY MERU BLUE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa M. Chung, Judge. Affirmed. Patricia A. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

Anthony Meru Blue appeals from the judgment entered following a resentencing hearing, ordered by this court in a prior appeal, at which the trial court declined to strike the five-year prior serious felony enhancement it had imposed pursuant to Penal Code section 667, subdivision (a), when it originally sentenced Blue and found that Blue had the ability to pay the fines, fees and assessments imposed at his original sentencing hearing. No arguable issues have been identified following review of the record by Blue’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Blue was convicted following a jury trial of kidnapping to commit robbery (Pen. Code, § 209, subd. (b)(1)) and second degree robbery (Pen. Code, § 211), with a true finding he had personally used a firearm in committing the offenses (Pen. Code, § 12022.53, subd. (b)), as well as possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)).1 Blue admitted he had been convicted of a prior serious felony within the meaning of Penal

1 As summarized in our nonpublished opinion in Blue’s first appeal (People v. Russell (Jan. 31, 2018, B276650), Blue and his confederate, Leqwone Q. Russell, robbed the clerk in a gas station convenience store. After the clerk gave Blue money from the cash register, Blue walked the clerk at gunpoint to the office in the back of the store to search for more money. When the clerk did not comply with Blue’s orders, Blue struck him in the head with the gun barrel. Although Blue and the clerk initially returned to the front of the store, Blue forced the clerk to go to the back office once again in an unsuccessful effort to dismantle the surveillance cameras. On appeal Blue and Russell argued the forced movement of the clerk was insufficient to support the charge of kidnapping to commit robbery.