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The People v. Floyd Williams

April 24, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
FLOYD WILLIAMS, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F01822)

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

P. v. Williams

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a jury trial, defendant Floyd Williams was convicted of robbery (Pen. Code, § 211)*fn1 with an enhancement for personal use of a firearm (§ 12022.53, subd. (b)). The trial court sentenced defendant to a 13-year prison term.

On appeal, defendant contends there is insufficient evidence identifying him as the robber.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On January 21, 2010, around 10:30 p.m., Rico Melendez walked to the front of his apartment building to meet his wife, who was coming home from school. It was raining, so Melendez stayed under a concrete slab in front of the doorway. The front of the building was well lit, and Melendez had no problem seeing in the area where he was standing.

Melendez noticed two men jogging across a play structure in front of his apartment complex. The two men reached the other side of the complex and signaled for two other men to come across from the parking structure. Melendez watched as the second two men crossed the play area. The two men noticed Melendez by the time they got to the middle of the play area. One man made a remark to the other, they stopped, turned around, and walked toward Melendez.

One of the men was defendant. He approached to about four feet from Melendez and nodded at him. Melendez nodded back and looked to the second man, who was also coming toward him. Melendez then glanced at defendant, who was holding a gun to Melendez's face.

Defendant told Melendez to give him everything or he would be shot in the face. Melendez asked if defendant was serious, and defendant replied, "What the fuck do you think?" Melendez had his keys in his hand and offered to give them to defendant, but was turned down. Defendant told Melendez to turn around. After Melendez complied, defendant or his companion removed Melendez's wallet. The two men then left the scene.

According to Melendez, defendant's gun was a big chrome revolver with a rubber grip, and was a little over a foot long. Melendez researched the gun after the incident, and ...


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