P. v. Thomas
Filed 11/22/10 P. v. Thomas CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. Marcus Thomas, Defendant and Appellant. | B219930 (Los Angeles County Super. Ct. No. BA348452) |
APPEAL from a judgment of the Superior Court of Los Angeles County, John S. Fisher, Judge. Affirmed in part and reversed in part.
Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne and E. Carlos Dominguez, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant and appellant Marcus Thomas appeals from the judgment entered following a jury trial that resulted in his convictions for robbery and grand theft. Thomas was sentenced to a prison term of 40 years to life. He contends: (1) his conviction for grand theft must be stricken, because it is a lesser included offense of robbery; and (2) the trial court improperly imposed sentence enhancements and sentenced him under the Three Strikes law based on unpleaded prior convictions. We agree that the grand theft conviction must be reversed. In all other respects, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
In the early hours of October 29, 2008, Marcel Sawyer was waiting for his bus at a Los Angeles bus stop. Thomas and another man, Travis Dixon, approached Sawyer, while a woman with orange hair stood nearby. Dixon asked Sawyer where he was from. Sawyer replied that he was not a gang member. Meanwhile, Thomas sat next to Sawyer, went through Sawyer's pockets, and removed Sawyer's wallet. Dixon threatened to â€
| Description | Defendant and appellant Marcus Thomas appeals from the judgment entered following a jury trial that resulted in his convictions for robbery and grand theft. Thomas was sentenced to a prison term of 40 years to life. He contends: (1) his conviction for grand theft must be stricken, because it is a lesser included offense of robbery; and (2) the trial court improperly imposed sentence enhancements and sentenced him under the Three Strikes law based on unpleaded prior convictions. We agree that the grand theft conviction must be reversed. In all other respects, Court affirm. |
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