People v. Hale CA2/8

Filed 6/6/22 P. v. Hale CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B312810

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA149043 v.

TRACEY BERNARD HALE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michelle M. Ahnn, Judge. Affirmed. William Paul Melcher, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Zee Rodriguez, Supervising Deputy Attorney General, and Michael C. Keller, Deputy Attorney General, for Plaintiff and Respondent. ____________________

A jury convicted Tracey Bernard Hale of robbery. He appeals, arguing the trial court should have instructed on simple theft. We affirm. Statutory citations are to the Penal Code. On May 22, 2019, Hale and a companion approached Mynor Espinoza in a liquor store. Hale asked Espinoza his name and looked at the gold chain around his neck. Then Hale and his companion went to wait at the store’s entrance. Fearing robbery, Espinoza stayed inside. But Hale approached Espinoza from behind, put his arm around his neck, and dragged Espinoza to a back corner. There, Hale turned Espinoza toward the wall, demanded money, and took Espinoza’s wallet from his pants pocket. He took $180 and a debit card from the wallet, threw the wallet and other contents on the ground, and told Espinoza to use his card to get money from the ATM. Espinoza refused, and Hale threw the card at him. Hale pushed Espinoza’s head down, told him to look at the ground, and unclasped the gold chain from his neck. Hale and his companion left. Espinoza called police, who arrived and gathered evidence, including video footage of Hale pulling Espinoza out of the frame by the neck. Espinoza testified to this account at trial, and prosecutors played the video. The store owner testified he too heard Hale ask Espinoza, “What’s your name?” A cashier at the store also testified. He recounted he saw Hale and Espinoza arguing and heard Hale say to Espinoza, “Were you the one who was near my car?” and “Did you just spit on me?” He saw Hale put Espinoza in a headlock and drag him away. The cashier left the counter and told the men to leave. He did not see Hale take anything from Espinoza or carry any