People v. Wiley CA4/1

Filed 8/31/23 P. v. Wiley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081077

Plaintiff and Respondent,

v. (Super. Ct. No. SCD293494)

GARY JOE WILEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Francis M. Devaney, Judge. Affirmed. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Paige B. Hazard, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Gary Joe Wiley of robbery (Pen. Code,1 § 211) and found that he also personally used a firearm in committing the offense (§ 12022.53, subd. (b)). Wiley contends on appeal that there is insufficient evidence to support his robbery conviction. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A. The Robbery Around 9:00 a.m. on the morning of August 23, 2021, security cameras outside of American Legion on 47th Street in San Diego recorded a man wearing a yellow reflective vest exiting a car parked across the street. He walked up and down the street, returned to the car, and then meandered towards the intersection in front of American Legion, drinking from a cup in one hand and holding a white hard hat in the other. Around 10:03 a.m., he walked north along 47th Street out of the camera’s view. A few minutes later around 10:06 a.m., security cameras at Sunrise Market and Gas, located just north of American Legion along 47th Street, recorded a man with the same physical appearance walking towards the gas station while holding a white lidded coffee cup and a white hard hat. The gas station footage, which provided a closer view of the man, showed that he wore a neon yellow reflective vest, a blue neck gaiter around his neck, and a brown camouflage head covering. As the man walked through the convenience store holding the cup and hard hat, at one point he spilled liquid from the cup into the hard hat and onto the floor. He wiped up the spill and threw the cup away in a trash can near the store’s entrance. An external camera recorded the man leaving the gas station and walking back south down 47th Street at around 10:09 a.m. Around that