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The People v. Carlos Chairez

August 16, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CARLOS CHAIREZ, DEFENDANT AND APPELLANT.



(Super. Ct. No. SF113961A)

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

P. v. Chairez

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Carlos Chairez of second degree robbery (Pen. Code, § 211)*fn1 with a firearm enhancement (§ 12022.53, subd. (b)), and carrying a concealed weapon, a misdemeanor (§ 12025, subd. (a)). The trial court sentenced defendant to 13 years in prison.

On appeal, defendant contends insufficient evidence supports his robbery conviction. We affirm.

FACTS

Around 5:00 p.m. on January 26, 2010, Francisco Hermenio was at the intersection of Golden Gate Street and Main Street in Stockton, selling corn on the cob and snow cones from a cart attached to his bicycle. Hermenio felt something cold on his neck, below his right ear. Defendant was standing behind him and told Hermenio in Spanish,*fn2 "Give me everything that you have." Hermenio was afraid, so he turned and gave his wallet to defendant. Defendant went through the wallet and returned it to Hermenio, telling him, "Here, take it. You can have your papers." Defendant next demanded Hermenio's bicycle, but Hermenio refused and said defendant could kill him. Defendant then went away.

According to Hermenio, defendant had long hair, was neither tall nor short, and wore a white T-shirt and blue pants. Hermenio had $100 cash in his wallet, which was gone after defendant returned the wallet.

Hermenio kept working after the robbery. Police contacted him the following day. Hermenio recognized defendant in photographs they showed him. He also identified defendant as the robber at the preliminary hearing. Hermenio had some hesitation identifying defendant at the preliminary hearing because he was thinner than when he committed the robbery, but Hermenio realized that people can lose weight in jail.

Eufemio Gonzalez was driving down Main Street on January 26, 2010, at around 5:00 p.m. when he saw a person holding a gun on a vendor on Golden Gate Street. The chrome gun was about half an inch from the vendor's chin. The man holding the gun wore blue pants and a black shirt.

Gonzalez drove to the next street and called 911. Police called Gonzalez about 10 minutes later and told him they had arrested someone. The police took Gonzalez to a showup on Main Street, where he identified defendant as the robber. At trial, Gonzalez again identified defendant as the robber.

Howard Woolems was driving home from work on the day of the incident when he witnessed an armed robbery on Golden Gate Street. A long-haired Hispanic man with a chrome-colored gun in his right hand pressed the gun into another Hispanic man's face. Woolems saw the victim reaching into his pocket as if he was trying to find money. He saw a ...


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