P. v. Williams CA2/1

Filed 3/21/13 P. v. Williams CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B241954

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA119137) v.

MICHAEL ERNEST WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael L. Schuur, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Michael Williams, in pro. per.; Kevin Michele Finkelstein, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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An amended information charged Michael Williams with one count of second degree robbery (Pen. Code, § 211).1 The information alleged in the commission of the robbery Williams, “with the intent to do so, took, damaged and destroyed property of a value exceeding $65,000,” within the meaning of section 12022.6, subdivision (a)(1). Evidence presented at trial showed that robbery victim Cesar Ramirez worked for a recycling company and sometimes paid out large sums of money in cash for recyclable materials. On multiple occasions, defendant Williams had brought car parts to Ramirez’s employer to be sold. On March 23, 2011, at about 7:30 a.m., Ramirez arrived for work carrying a backpack full of bundles of cash totaling approximately $120,000. Ramirez had withdrawn the money from the bank the evening before because he needed to pay a customer for a large volume of recyclable materials. As Ramirez was unlocking the gate at the recycling company, two men approached. A man later identified as Juan Carlos Garcia demanded Ramirez’s backpack, told Ramirez he had a gun and would shoot, and moved his hand inside his jacket pocket indicating he had a gun. Garcia grabbed the backpack and Ramirez let him because Ramirez was afraid Garcia would hurt him. The two men ran off. Ramirez flagged down a stranger who was driving by and asked for his help. The stranger allowed Ramirez to get into his vehicle and they drove off after Garcia and the other man. Ramirez saw Garcia and the other man run to and climb inside a white sport utility vehicle with paper license plates. Ramirez dialed 911 and provided the location and description of the white vehicle. Eventually, Ramirez lost sight of the white vehicle and went back to the recycling company to wait for the police to respond. A short time later officers stopped a white sport utility vehicle matching the description Ramirez had provided. Williams was driving and Garcia and his companion were passengers. The officers ordered the three men to exit the vehicle. An officer looked inside the vehicle and saw bundles of cash in the center console next to the driver’s seat. Williams, Garcia and the other man were arrested. During a field show-up,