P. v. Green
Filed 4/21/06 P. v. Green CA2/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. TERRANCE GREEN, Defendant and Appellant. | B183316 (Los Angeles County Super. Ct. No. YA059748) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Andrew C. Kauffman, Judge. Affirmed.
Michael J. Hersek, Public Defender, and Maria J. Morga, Deputy Public Defender, 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, Jaime L. Fuster and Dawn S. Mortazavi, Deputy Attorneys General, for Plaintiff and Respondent.
_________________________
Defendant and appellant, Terrance Green, appeals from the judgment entered following his conviction, by jury trial, for robbery with a personal gun use finding (Pen. Code, §211, 12022.53).[1] Sentenced to state prison for 13 years, Green claims there was trial error.
The judgment is affirmed.
BACKGROUND
Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206, the evidence established the following.
1. Prosecution evidence.
Iran Garzon worked as a cashier at Etena's Fish Market. Her duties included helping customers pick out fish from the display counter and ringing their sales up at the cash register. The purchased fish is sometimes cooked for the customers in a kitchen located in the rear of the market. For this purpose, the market employees hand the fish back and forth through a small window or cutout in the wall separating the kitchen from the front area of the market.
Garzon testified that on July 1, 2004,[2] at about 8:30 p.m., she went into the kitchen to help get an order ready for a waiting customer. Working in the kitchen at that time were Rigoberto Calderon and Jenny Han. Looking through the small window, Garzon saw two men enter the market. They were wearing black-hooded sweatshirts with the hoods down. Garzon was suspicious the men were going to try to shoplift some sodas. She recognized one of the men as defendant Green. She was familiar with him because he had been a regular customer of the fish market up until about a year before the robbery.
The next thing Garzon knew, the two men had come into the kitchen and now their sweatshirt hoods were up over their heads. Green pointed a gun at Han. Then he pointed the gun at all three employees and told them to get on the floor. They obeyed. Garzon could not tell if the second man was also armed. Green grabbed Calderon, put the gun against his neck and yelled at him to open the cash register. But Garzon knew Calderon did not understand English, so she got up and opened the cash register. The second man took $500 or $600 out of the cash register and then said to Green that â€
