PEOPLE v. DERIC
Filed 6/27/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. DERIC MONROE MASON, Defendant and Appellant. | B180724 (Los Angeles County Super. Ct. No. BA260835) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Paul M. Enright, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part, reversed in part.
Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert M. Katz, and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.
* Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part III(C).
I. INTRODUCTION
Defendant, Deric Monroe Mason, appeals from his convictions for carjacking (Pen. Code,[1] § 215, subd. (a)) and firearm possession (§ 12021.1, subd. (a)), as well as the findings of personal firearm use (§ 12022.53, subd. (b)), a principal was armed with a firearm (§ 12022, subd. (a)(1)), and he had previously been convicted of serious felonies on three occasions. (§§ 667, subds. (b)-(i), 1170.12.) In the published portion of this opinion, we conclude: the trial court correctly denied the motion to dismiss the carjacking charge pursuant to section 1387.1, subdivision (a); the trial court should have dismissed the weapons possession charge as required by section 1387, subdivision (a); and there was substantial evidence to support defendant's carjacking conviction.
II. FACTUAL BACKGROUND
We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) On January 20, 2004, Jackie Long went to a private party at a Hollywood restaurant. At approximately 12:30 a.m., Mr. Long decided to leave. Mr. Long walked to his truck, which was parked on McCadden Street adjacent to the restaurant. Mr. Long got into his truck. Mr. Long put his key in the ignition and closed the door. Immediately thereafter, defendant opened the driver side door and said, â€
