P. v. Thomas

Filed 2/22/07  P. v. Thomas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

          APPEAL from a judgment of the Superior Court of Los Angeles County, William  R. Hollingsworth, Jr., Judge  Affirmed. 

          Alan Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

          Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

          Michael Vohron Thomas appeals from judgment entered following a jury trial in which he was convicted of nine counts of second degree robbery, counts 1, 2, 4, 5, 6, 7, 8, 9 and 10 (Pen. Code, §  211) with the finding as to counts 1 and 2 that he personally used a deadly and dangerous weapon, a screwdriver, within the meaning of Penal Code section 12022, subdivision (b); and as to counts 4 through 8, he personally used a handgun within the meaning of Penal Code section 12022.5, subdivision (a).  He admitted he suffered three prior convictions and served prison terms within the meaning of Penal Code section 667.5, subdivision (b).[1]  He was sentenced to prison for 21 years and 8 months and contends the evidence was legally insufficient to establish he committed a robbery as alleged in count 9.  For reasons stated in the opinion, we affirm the judgment.[2] 

FACTUAL AND PROCEDURAL SUMMARY[3]

          On December 9, 1996, at approximately 10:45 a.m., Roxanne Rodriguez was working at a register inside the McDonald's restaurant at El Segundo Boulevard and Western in the County of Los Angeles when appellant and a companion entered.  Appellant approached the counter and asked about some specially priced items on the menu.  He gave Ms.  Rodriguez some quarters, and she rang up the item.  When the register drawer opened, appellant reached over the register into the drawer and took whatever cash he could get out of the drawer.  He and his companion then left the restaurant.  Ms.  Rodriguez could not see if appellant had a weapon but â€