>P. v.
Brilingtton













Filed 8/3/10 P. v.
Brilingtton 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NOT
TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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.





IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Sacramento)

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>

THE PEOPLE, Plaintiff and Respondent, v. ISSAC SAMUEL BRILINGTTON, Defendant and Appellant.

C063347 (Super. Ct. No. 08F07682)

A jury found defendant
Issac Samuel Brilingtton guilty of second
degree robbery and criminal threats.

The victim, a college
student, testified that in 2008 he made money by buying electronic game items
from eBay and craigslist and bundling and reselling them. In April 2008, he contacted defendant's brother,
a minor, through craigslist. They met at
defendant's house to trade an Xbox 360 game system for a PlayStation 3 game
system.

In August 2008, the
victim and defendant's brother communicated about another deal in which the
victim would receive a PlayStation 3 and $1,000 and would give defendant's
brother a laptop and an XBox. They met
in a Wal-Mart parking lot at 6:30 p.m. on September 1, 2008. Defendant was in a car with his brother in
the passenger seat. The items were
examined, and defendant asked to see the victim's iPhone. Defendant's mother was supposed to have the
money, and defendant suggested they move closer to a nearby restaurant where
his mother would be. The items were put
in defendant's car and the victim got in the backseat. When they arrived, defendant and the victim
got out of the car and defendant asked to see the victim's iPhone again while
they waited. Once the victim gave
defendant the iPhone, defendant said he was not happy with the prior
transaction and, according to the victim, â€