P. v. Fajardo CA2/4

Filed 4/25/13 P. v. Fajardo CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B241250

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA077865) v.

RICARDO FAJARDO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dabney, Judge. Affirmed. Paul Stubb, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Ricardo Fajardo appeals from the judgment entered following his conviction by jury on three counts of second degree robbery. (Pen. Code, § 211.)1 We affirm. On November 11, 2008, around 9:00 p.m., Bryan Beaulieu and two friends were sitting in Beaulieu’s truck parked outside a Rite Aid in Santa Monica, smoking cigarettes. The parking lot was dimly lit, and there were no other people or cars around. A man entered the parking lot and asked them if he could have a cigarette. Beaulieu handed the man a cigarette and a lighter. The man put the cigarette in his mouth, lit it, handed the lighter back, took one puff and then threw the cigarette on the ground. He then pulled a gun from his waistband, pointed it at Beaulieu and his friends, and demanded money. They gave him money and a wallet. After the man left, Beaulieu moved his truck to the front of the store and asked the clerk in the store to call the police. About five minutes later, Santa Monica Police Officer Coyin Chang arrived. Beaulieu and his friends showed Officer Chang where they had been parked. The parking lot was still empty. When they showed Officer Chang the parking space they had been in, they saw the barely smoked cigarette on the ground next to where they had been parked, near their own cigarette butts, and in the same area where they saw the man drop the cigarette. They recognized it because it was barely smoked, and there were no other partially smoked cigarettes on the ground. Beaulieu and his friends were uncertain about the type of cigarette they had been smoking, and Beaulieu’s testimony and statements to the police were inconsistent. Beaulieu described the suspect to Officer Chang as a Hispanic man in his early 20’s, medium build, approximately six feet tall, with facial hair and wearing a dark grey hoodie and a black and grey beanie. Beaulieu was not able to identify