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The People v. Gregory Robinson

September 14, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GREGORY ROBINSON, DEFENDANT AND APPELLANT.



APPEAL from a judgment of the Superior Court of Los Angeles County, Harvey Giss, Judge. (Los Angeles County Super. Ct. No. PA069378)

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

CERTIFIED FOR PARTIAL PUBLICATION*fn1

Affirmed as modified, and remanded.

INTRODUCTION

Defendant and appellant Gregory Robinson (defendant) was convicted of petty theft (Pen. Code, § 487*fn2 ). On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting this court to conduct an independent review of the record to determine if there are any arguable issues. On May 11, 2012, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant submitted a letter brief in which he contends that defense counsel provided ineffective assistance of counsel and the trial court erred in denying his request to represent himself.

After independently reviewing the record, we asked the parties to submit letter briefs addressing whether the trial court should have imposed a section 1465.8, subdivision (a)(1) court operations assessment and a Government Code section 70373, subdivision (a)(1) court facilities assessment. We hold that the assessments should be imposed and order the clerk of the Superior Court to issue an amended abstract of judgment accordingly. We also hold that section 2900.5, subdivision (a) providing that the time that a defendant has served in custody may be credited against fines does not apply to assessments. We otherwise affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence

JDK Railroad Materials (JDK) disassembles railroad tracks, and hauls the material to its facility on Lang Station Road in Los Angeles at which its employees segregate the usable from the unusable material and bundle it for resale. Typically approximately 80 percent of the material is reusable.

On February 20, 2011, Metrolink employees Diego Alcantar, Martin Almanza, Romero Rubio, and Hector Gonzalez were in a Metrolink truck, driven by Gonzalez, on Lang Station Road, a private road on which the JDK facility is located. Gonzalez saw a white flatbed truck that he did not recognize, ~(RT 1214, 1244)~ and parked his truck next to it and honked his horn. Defendant then approached from behind an opening in the railroad ties. Defendant was with two other people and a dog. ~(RT 909)~ Gonzalez saw anchors and plates inside the truck bed. Almanza saw defendant carrying railroad material in a plastic basket and putting it in the white flatbed truck. Alcantar also saw defendant putting plates in the truck.

JDK Operations Manager David Huffman oversees portions of the salvage operations and keeps track of the inventory. Sometime after February 20, 2011, Huffman discovered that JDK was missing from its facility a pallet of bars, a pallet of switch plates, and two boxes of clips and anchors. The missing property had been inside an area that was difficult to access. Although Metrolink employees regularly enter onto the facility property, defendant was never given permission to do so.

Los Angeles County Sheriff Javier Guzman obtained the license number from Gonzalez, and Guzman determined that it was for a 1991 white Ford truck owned by defendant. In March 2011, Los Angeles County Sheriff Jeremy Carr ultimately located the truck parked in Los Angeles. Defendant was standing next to the truck and was arrested. Almanza and Gonzalez identified defendant from a photographic lineup consisting of six pictures. Alcantar was unable to make an identification from it.

On March 16, 2011, Los Angeles County Sheriff's Department Detective Michael Marino spoke with defendant. Defendant asked Detective Marino to explain why he was in custody, and Detective Marino told defendant that he was charged with a theft of metal. When Detective Marino told defendant that he had been seen at the railroad yard taking metal, defendant responded that the people who saw him at the yard must have stolen the ...


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