People v. Alexander CA2/6

Filed 8/18/21 P. v. Alexander 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 OF THE STATE 2d Crim. No. B304691 OF CALIFORNIA, (Super. Ct. No. SA099767) (Los Angeles County) Plaintiff and Respondent,

v.

ADRIANNA ALEXANDER,

Defendant and Appellant.

Adrianna Alexander appeals the judgment entered after a jury convicted her of attempted second degree robbery (Pen. Code,1 §§ 211, 664). Imposition of sentence was suspended and appellant was placed on probation for five years subject to various terms and conditions. Appellant raises claims of evidentiary, instructional, and cumulative error. We affirm.

1 All statutory references are to the Penal Code.

STATEMENT OF FACTS Prosecution On July 3, 2018, Jose Gudino was working at a Party City store located on the corner of South Sepulveda Boulevard and Exposition Boulevard when appellant approached him and asked if he was the manager. Gudino, who was crouched down stocking shelves, looked up at appellant and replied in the affirmative. Appellant was holding a canvas bag and was wearing sunglasses, a wig, and a black jogging suit with a white stripe. Appellant told Gudino that she was robbing him and had a gun in her bag and ordered him to go to the front of the store and give her the money from the cash registers. Gudino stood up, had a face-to-face view of appellant from approximately one foot away, and began walking with her toward the cash registers. As they were walking, Gudino used his hand- held radio to tell another employee that the store was being robbed and to call the police. As Gudino and appellant neared the front of the store, the other employee loudly announced that he had called the police and they were on their way. Appellant ran out the front door and Gudino tried to pursue her, but appellant held the door closed from the outside. As appellant was holding the front door closed, Keia McDaniel attempted to enter the store as a customer. Appellant bumped into McDaniel near the door before running away. McDaniel asked Gudino what had happened and he told her that appellant had just tried to rob the store. McDaniel ran after appellant while Gudino went outside and saw appellant running east on Exposition Boulevard. Gudino called 911 and described appellant as a Black woman in her 30’s wearing a black jogging suit.