P. v. Flores
Filed 3/21/06 P. v. Flores CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. SERGIO FLORES et al., Defendants and Appellants. | B179241 (Los Angeles County Super. Ct. No. LA043085) |
APPEAL from judgments of the Superior Court of Los Angeles County, Barry A. Taylor, Judge. Affirmed.
C. Elliot Kessler, under appointment by the Court of Appeal, for Defendant and Appellant Sergio Flores.
Cannon & Harris and Donna L. Harris for Defendant and Appellant Arturo Salas.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.
Sergio Flores (Flores) and Arturo Salas (Salas, both are collectively referred to as appellants) were tried together before the same jury. Flores was convicted of three counts of second degree robbery (Pen. Code, § 211)[1] with findings that a principal was armed with a handgun in each of those offenses (§ 12022, subd. (a)(1)). He was sentenced to six years and eight months in prison. Salas was convicted of 11 counts of second degree robbery with findings that a principal was armed with a handgun and that he personally used a firearm. (§§ 12022, subd. (a)(1); 12022.53, subd. (b)). He was sentenced to 56 years and 4 months in prison. Flores filed an opening brief, raising several contentions. Appellant Salas filed a request for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
FACTUAL & PROCEDURAL BACKGROUND
Both defendants were tried in May 2004, but a mistrial was granted. A second trial commenced on September 1, 2004.
1. The March 23, 2003 Robbery (Count 4)
On March 23, 2003, Yuri Kenig was at Angeles Therapy in Los Angeles, waiting for a massage therapist.[2] The receptionist entered the room with a man who was holding a gun. Another man stood in the doorway. The man with the gun said something in Spanish and the receptionist told Kenig that he had said, â€
