P. v.
Trujillo & Morachis

















Filed 8/13/10
P. v. Trujillo & Morachis 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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. GABRIEL TRUJILLO & GEORGE ARTURO MORACHIS, Defendants and Appellants.

B210508 (Los Angeles County Super. Ct. No. KA081206)

APPEAL from judgments of the Superior Court of Los Angeles
County, Robert M. Martinez, Judge. Modified and affirmed.

Gerald Peters, under appointment by
the Court of Appeal, for Defendant and Appellant, Gabriel Trujillo.

Janice Wellborn, under appointment
by the Court of Appeal, for Defendant and Appellant, George Arturo Morachis.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette,
Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney
General, Stephanie C. Brenan and Sarah J.
Farhat, Deputy Attorneys General, for Plaintiff and Respondent.

>_______________________________________

Defendants and appellants Gabriel
Trujillo and George Morachis appeal from judgments after a jury trial in which
they were convicted of two counts of robbery
(Pen. Code, § 211) and one count of assault with a firearm (Pen. Code, § 245,
subd. (a)(2)). Defendants contend that
the evidence is insufficient to support their convictions on one of the two
robbery counts, and also contend their sentences were improperly
calculated. We modify the sentences to
correct a sentencing error and otherwise affirm.

>FACTUAL
AND PROCEDURAL BACKGROUND

This
case involves the robbery, at gunpoint, of Damien Howe and his girlfriend,
Christina Brewer. Howe and Brewer live
in Oregon. They were robbed when on a road trip through California
with two friends, one of whom, Katie Makana Hills'sete, testified at trial.

The
robbery occurred on November 5, 2007,
at a gas station/mini-mart near the freeway in El Monte. Howe had been driving Brewer's car, and
pulled off the freeway for gas and a rest stop.
Brewer and Hills'sete immediately attempted to use the restroom at the
mini-mart; they were told they could not use it, so went across the street to a
nearby restaurant. In the meantime, Howe
pumped gas into the car, then drove over to the air hoses to check the tire
pressure. Brewer and Hills'sete then
returned to the car. Hills'sete sat in
the rear passenger seat; Brewer stood near the open passenger-side doors.

Three
men drove up in a Toyota SUV. Two of
them, defendants Trujillo and
Morachis, exited the SUV, leaving the driver in the vehicle. Defendant Trujillo
approached Howe, who was then near the left front wheel of Brewer's car,
checking the tire. Defendant Trujillo
attempted to engage Howe in conversation.
He then pulled a gun and held it against Howe, saying, â€