P. v. Simpson
Filed 6/25/12 P. v. Simpson CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 SIX
THE PEOPLE,
Plaintiff and
Respondent,
v.
RONALD SIMPSON,
Defendant and
Appellant.
2d Crim. No.
B230823
(Super. Ct.
No. BA369251-01
(Los
Angeles County)
Ronald Simpson appeals a
judgment following conviction of second
degree robbery, with findings that he suffered a prior serious felony
strike conviction and served six prior prison terms. (Pen. Code, §§ 211, 667, subds. (b)-(i),
1170.12, subds. (a)-(d), 667.5, subd. (b).)
FACTS
AND PROCEDURAL HISTORY
Lou Issa was a parking
valet at J & G Parking in Hollywood. On March
15, 2010, Simpson and Issa engaged in an altercation and Simpson
lost his watch. The following day,
Simpson returned to the parking lot and informed Issa's coworker that he wanted
money from Issa for the watch and that he intended to fight him. Issa was not working there that day.
On March 17, 2010, Simpson returned to the parking
lot and stated to Issa: "Come to
the back lot. Come to the back lot. I'm about to [fuck] you up and take your
money." Simpson then struck Issa in
the face, splitting his lip. Simpson
removed his shirt and took a fighting stance.
When Issa responded, Simpson ran to the back parking lot.
Issa pursued Simpson,
tackled him, and struck him two times.
Simpson recovered and ran. Issa
chased him and again tackled and struck him.
As the two men then stood, Simpson grabbed the parking lot cash bag from
Issa's pocket. Simpson "ripped [the
pocket] all the way" to the knee to obtain the cash bag, which contained
$420 and customer tickets.
Simpson then fled on
foot toward Sunset Boulevard. Issa
shouted to his supervisor and coworkers that Simpson "got the
money." The men pursued Simpson who
responded by throwing a rock. Simpson
also bent the parking lot gate arm "so it could swing back" at Issa
and his coworkers. Simpson was running
like "a guy with a jet on him."
Near Sunset Boulevard
and Vine Street, Issa saw a
patrolling police vehicle. He flagged
down the police officers, pointed to Simpson who was half a block away, and
stated that Simpson had robbed him. Issa
then saw Simpson toss the cash bag "as sneaky as he could." Issa retrieved the cash bag and gave it to
the police officers after they detained Simpson.
At trial, the prosecutor
presented photographic evidence of
Issa's lacerated lip and his torn pants.
The arresting police officer testified and confirmed that the photograph
reflected a "pretty big rip" in the pants and that the pocket was
"totally ripped." The
prosecutor also presented evidence of the parking lot surveillance videos that
captured portions of the incident.
The jury convicted
Simpson of second degree robbery. (§ 211.)
In a separate proceeding, the trial court found that he suffered a prior
serious felony strike conviction for robbery in 1986 and that he served six
prior prison terms. (§§ 667, subds.
(b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The court sentenced Simpson to 12 years
imprisonment, consisting of a five-year term doubled to 10 years, and two years
for two of the six prior prison terms served.
The court imposed a $200 restitution fine, a $200 parole revocation
restitution fine (stayed), a $40 court security fee, a $10 crime prevention
fee, and a $30 criminal conviction
assessment. (§§ 1202.4, subd. (b),
1202.45, 1465.8, 1202.5; Gov. Code, § 70373.) It awarded Simpson 370 days of presentence
custody credit.
Simpson appeals and
contends that there is insufficient evidence that he took the cash bag by means
of force or fear. (§ 211 [robbery
is the "taking of personal property in the possession of another, from his
person or immediate presence, and against his will, accomplished by means of
force or fear"]; People v. Bolden
(2002) 29 Cal.4th 515, 557.)
DISCUSSION
Simpson argues that he
only committed grand theft because he took Issa's cash bag without application
of force or fear. (People v. Morales (1975) 49 Cal.App.3d 134, 139 [taking constitutes
grand theft if element of force or fear is absent].) He relies on Issa's testimony that the cash
bag was "snatched" from his pants pocket. Simpson points out that robbery requires an
application of force beyond that necessary to seize the property. (Ibid.) He adds that other than an initial blow, he
did not strike Issa, and that Issa initially was unaware that the cash bag had
been taken.
The taking requirement
of robbery has two necessary elements – gaining possession of the victim's
property and asporting or carrying it away.
(Miller v.
216, 221.) The taking must also be
accomplished by force or fear. (
mere theft will establish a robbery where the perpetrator peacefully acquires
the victim's property, but then uses force to retain or escape with
it." (Ibid.) It is well settled
law that the elements of force or fear may be supplied after the defendant has
initially gained possession of the victim's property. (Id.
at p. 224 [defendant physically resisted victim's efforts to regain wallet
that was inadvertently left in beach restroom].)
The nature of the crime
of robbery is such that a robber's escape is just as important to the execution
of the crime as obtaining initial possession of the property. (People
v. Ramirez (1995) 39 Cal.App.4th 1369, 1374.) It is longstanding law that the crime of
robbery is not complete until the defendant has reached a place of temporary safety. (Ibid.) "The scene of the crime is not such a
location, as least as long as the victim remains at hand." (People
v. Flynn (2000) 77 Cal.App.4th 766, 772.)
There is sufficient
evidence of force in the initial taking as well as in Simpson's attempts to
escape with the cash bag. In obtaining
the bag, Simpson ripped Issa's pants lengthwise from the pocket to the
knee. (People v. Garcia (1996) 45 Cal.App.4th 1242, 1246, disapproved on
other grounds by People v. Mosby
(2004) 33 Cal.4th 353, 365, fns. 2 & 3 [force element satisfied by
defendant's shoulder tapping victim's shoulder].) Issa described the torn pants and the jury
received photographic evidence of them.
(People v. Mungia (1991) 234
Cal.App.3d 1703, 1707 [existence of force or fear is a factual question for
trier of fact].) Moreover, Simpson threw
a rock at Issa and his coworkers and then bent and swung the parking gate at
them in an attempt to prevent their retrieval of the money. This evidence satisfies the statutory
requirements of robbery.
The judgment is
affirmed.
NOT TO BE PUBLISHED.
GILBERT,
P.J.
We concur:
YEGAN, J.
PERREN, J.
Leslie
A. Swain, Judge
Superior
Court County of Los Angeles
______________________________
Jeffrey Lewis, 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, Senior Assistant Attorney General, Marc A. Kohm, Kathy S. Pomerantz,
Deputy Attorneys General, for Plaintiff and Respondent.
name="_ftn1" title="">[1] All further statutory
references are to the Penal Code unless stated otherwise.
