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The People v. Mildred Delgado

March 29, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MILDRED DELGADO, DEFENDANT AND APPELLANT.



(Los Angeles County Super. Ct. No. BA337662, BA348502) APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald Rose, Judge. Affirmed.

The opinion of the court was delivered by: Johnson, J.

CERTIFIED FOR PUBLICATION

Defendant Mildred Delgado, convicted of, among other things, kidnapping to commit robbery, contends the trial court erred by failing to instruct the jury on principles of aiding and abetting and false imprisonment. He also maintains the evidence is insufficient to support the jury's finding that he inflicted great bodily injury. We affirm.

PROCEDURAL BACKGROUND

An amended information charged Delgado with kidnapping to commit robbery (Pen. Code, § 209, subd. (b)(1);*fn1 count 1); second degree robbery (§ 211; counts 2 and 3); and assault with a deadly weapon (§ 245, subd. (a)(1); count 4). The information also alleged Delgado personally inflicted great bodily injury (§ 12022.7, subd. (a); counts 1-4), and used a deadly weapon (§ 12022, subd. (b)(1); counts 1-3). Counts 1 and 2 involved events that took place on March 2, 2008, and are the only counts at issue on appeal. Counts 3 and 4 involved an incident on March 10, 2008. The charges, initially levied in separate cases, were consolidated for trial.

Following a jury trial, Delgado was convicted on all counts, and the enhancements were found true. Delgado was sentenced to a total prison term of life, plus 13 years composed of the following: As to count 1, a life term was imposed, plus three years for the great bodily injury enhancement, and one year for the weapon enhancement. (§§ 12022, subd. (b)(1), 12022.7, subd. (a).) As to count 3, Delgado received the upper term of five years, plus three years for the great bodily injury enhancement and one year for the use of a weapon. (§§ 211, 12022, subd. (b)(1), 12022.7, subd. (a).) Sentences as to counts 2 and 4 were imposed, but stayed. Delgado was also ordered to pay various fines and fees, and awarded custody credits.

FACTUAL BACKGROUND*fn2

The prosecution's case

1. Perez robbery

On March 1, 2008, Melvin Perez drank several beers at home before leaving to visit two bars for more drinks. Perez stopped first at Salsa L.A., on Beverly Boulevard, but didn't like it there, and decided to head over to El Charo, on Vermont Avenue.

On his way to El Charo, Perez was approached by Delgado, who insisted he knew Perez. Perez said he did not know Delgado, but the two engaged in friendly banter as they walked along, and Perez bought Delgado a beer when they reached the bar. Delgado offered Perez drugs and invited him to accompany him to a friend's house, whom Delgado said owed him money. Perez declined both offers. Delgado left the bar. Perez stayed and continued drinking until the bar closed.

That evening Perez wore a ring, watch, chains and a bracelet. Friends of Perez at the bar saw Delgado staring at Perez's jewelry. One friend phoned Perez's cousin who came to the bar and offered Perez a ride home. Perez refused the offer, but permitted his cousin to take the watch and jewelry for safekeeping.

By the time El Charo closed at 2:00 a.m., Perez had consumed eight beers in addition to the six he drank before he left home. As he left the bar, Perez saw Delgado outside. He was standing next to a SUV. A woman Perez did not recognize was behind the wheel. Delgado and the woman asked Perez to go drinking with them, or if he needed a ride. Perez declined. Delgado then opened up the rear passenger door, grabbed Perez by the shoulder and said, "come on, let's go in." Perez resisted at first, but then agreed to get in the car because he was drunk. He sat in the rear; Delgado and the woman sat in the front seats.

The woman drove the car for a short time, and then stopped. Perez asked Delgado what was going on; Delgado told him to "shut up." Delgado climbed into the back seat. Perez tried to get out, but the driver had child-locked the doors. Delgado asked Perez about his jewelry and where it was, and searched Perez's pockets. Perez said the jewelry had been stolen.

Delgado drew a knife. He and Perez struggled in the back seat, as the woman drove along Kenmore, past Third Street and about two blocks from where the car had stopped initially. Delgado took Perez's wallet, which contained $100-$150, and stabbed Perez in the eyebrow and chest. Perez lost consciousness.

The next thing Perez remembered, he was near his apartment, about one-half mile from the El Charo bar. He did not recall getting out of the car, and felt as if he was pushed. He walked to his apartment building, where his neighbors summoned the police, who in turn called the paramedics. Perez was admitted to the hospital, where he spent about eight hours. Perez sustained a cut on his left eyebrow, and a ...


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