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People v. Rosales

California Court of Appeal, Second District, Fifth Division

January 13, 2014

The PEOPLE, Plaintiff and Respondent,
v.
Luis F. ROSALES, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION.[*]]

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed as modified with directions. (Los Angeles County Super. Ct. No. BA390587).

Page 1255

[Copyrighted Material Omitted]

Page 1256

COUNSEL

[166 Cal.Rptr.3d 621] Heather L. Beugen, San Diego, 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, Paul M. Roadarmel, Jr., and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TURNER, P.J.

Page 1257

I. INTRODUCTION

A jury convicted defendant, Luis F. Rosales, of three counts of first degree robbery. (Pen.Code, ยงยง 211, 212.5, subd. (a)[1].) The jury further found firearm use allegations true as to each count. (12022.53, subd. (b).) The trial court found defendant had a prior juvenile adjudication of a serious felony within the meaning of sections 667, subdivisions (b) through (i) and 1170.12. Defendant was sentenced to 30 years in state prison. We modify the oral pronouncement of judgment with respect to court facilities and court operations assessments. We affirm the judgment as modified. We direct that the abstract of judgment be amended upon remittitur issuance.

II. THE EVIDENCE

Defendant committed three robberies of hotel lobby front desk clerks. Defendant was arrested at the scene of the third robbery. His loaded semiautomatic firearm was recovered. The recovered gun was introduced in evidence at trial. Surveillance video from the robberies showed defendant using a gun.

Margaret Haynes was the victim of the first robbery, which was charged in count 2. Ms. Haynes testified that on November 2, 2011, defendant pointed a gun at her and demanded money. Ms. Haynes was scared because she thought defendant would shoot her. He was holding the gun in a way that she could see it the whole time. When asked what the firearm [166 Cal.Rptr.3d 622] looked like, Ms. Haynes said, " [L]ike a gun maybe the kind a policeman would carry." Ms. Haynes was not certain the gun in evidence was the one defendant used. But she also could not say it was not the gun defendant pointed at her. Ms. Haynes identified defendant in a photographic lineup. She said, " That's the guy that robbed [me]...." Ms. Haynes also identified defendant at trial.

Erick Lopez was the victim of the second robbery, which was charged in count 3. On October 23, 2011, defendant pointed a gun at Mr. Lopez and demanded cash. Mr. Lopez was scared and nervous. Mr. Lopez did not know anything about guns. He did not know the difference between a revolver and a semiautomatic gun. But he had seen a gun with a cylinder in the front that revolves. Defendant's weapon was not that ...


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