P. v. Stevens
Filed 5/31/06 P. v. Stevens CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
THE PEOPLE, Plaintiff and Respondent, v. JARVIS ARLEN STEVENS, Defendant and Appellant. | B184978 (Los Angeles County Super. Ct. No. NA063845) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Gary J. Ferrari, Judge. Affirmed.
Alan Stern, 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, Lawrence M. Daniels and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.
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INTRODUCTION
Defendant and appellant Jarvis Arlen Stevens appeals from the judgment entered following a jury trial that resulted in his convictions for assault with a deadly weapon and attempted second degree robbery. Stevens was sentenced to a prison term of 12 years, 4 months. Stevens contends the evidence was insufficient to prove the attempted robbery charge. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
Viewed in accordance with the usual rules governing appellate review (People v. Rodriguez (1999) 20 Cal.4th 1, 11; People v. Johnston (2003) 113 Cal.App.4th 1299, 1303-1304), the evidence established the following. On December 3, 2004, at approximately 11:00 a.m., Jesus Gonzalez was talking on his cellular telephone while he walked from a store to his car, which was parked in the store's parking lot. Stevens approached to within three feet of Gonzalez and stated, â€