P. v. Toles CA2/3

Filed 6/27/13 P. v. Toles CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B238407

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA078591) v.

MARCUS DONZELL TOLES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rand S. Rubin, Judge. Affirmed in part, reversed in part and remanded with directions. Leonard J. Klaif; and Elizabeth A. Courtenay, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Tita Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Marcus Donzell Toles, appeals his conviction for second degree commercial burglary, conspiracy to commit robbery, and possession of a firearm by a felon, with principal armed, prior serious felony conviction and prior prison term enhancement findings (Pen. Code, §§ 459, 182, subd. (a)(1), 211, 12021 (former), 12022, 667, subds. (a)-(i), 667.5).1 He was sentenced to state prison for a term of 22 years and 4 months. The judgment is affirmed in part, reversed in part and remanded with directions. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. Rosa Medina is the branch manager of a Nix check cashing store on Obispo Avenue in Long Beach. The store is open seven days a week and normal business hours are from 9:00 a.m. until 7:00 p.m. These business hours are posted at the front of the store. The store has seven teller windows which are protected by bulletproof glass. During the day, the tellers’ drawers contain cash. Each night, the cash is removed from the tellers’ drawers and placed into a safe. The tellers cash checks and sell money orders which, if properly filled out, are like cash. Signs posted inside the Nix store announce: “Robbery Prevention. The safe is equipped with both a time lock and time delay system to prevent robbery. Employees do not have the ability to disable the alarm or access the safe when the store is closed. Audio and video systems monitor employee area 24 hours a day.” Medina testified that, in order to open the safe where the cash is kept, “We enter a safe combination. We wait 30 minutes. After those 30 minutes, we reenter our safe number combo and then it opens.”