People v. Joseph

244 Cal. Rptr. 3d 380, 33 Cal. App. 5th 943
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 5, 2019
DocketB285062
StatusPublished
Cited by8 cases

This text of 244 Cal. Rptr. 3d 380 (People v. Joseph) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Joseph, 244 Cal. Rptr. 3d 380, 33 Cal. App. 5th 943 (Cal. Ct. App. 2019).

Opinions

MOOR, J.

*383The jury found defendant and appellant Michael Joseph guilty of two counts of second degree robbery ( Pen. Code, § 211 [counts 1 & 2] )1 and one count of perjury by declaration (§ 118, subd. (a) [count 3] ).2

Joseph was sentenced to seven years in state prison, consisting of the upper term of five years in count 1, plus one year each in counts 2 and 3 (one third of the middle term).

Joseph contends that there is insufficient evidence to support his robbery conviction because the prosecution failed to demonstrate the robbery was accomplished using force.

In the opening brief, Joseph also contended he was incorrectly charged with perjury under section 118, subdivision (a), a felony, when he should have been charged with falsely reporting a crime to police under section 148.5, subdivision (a), a misdemeanor. Following our review of the record, we requested that the parties file supplemental briefing to address: (1) whether Vehicle Code section 10501, subdivision (a) preempts section 148.5, subdivision (a), or section 118, subdivision (a); and (2) the impact of a recent Court of Appeal decision in that has since been depublished. Joseph now contends that Vehicle Code section 10501, subdivision (a) preempts section 118, subdivision (a). The Attorney General maintains the argument that it does not.

We affirm the judgment with respect to the counts of second degree robbery ( § 211 [counts 1 & 2] ), but reverse the perjury conviction (§ 118, subd. (a) [count 3] ).

FACTS3

On the evening of August 28, 2016, at approximately 11:00 p.m., Rebecca Fox was sitting in her car, with her Husband Salim Halabi in the passenger seat next to her, on Lancaster Boulevard, waiting for their friend Suzann Reina. Fox had her window slightly down. A young man who appeared to be about 13 years old approached Fox and asked if he could use her cell phone to call his grandmother. A second young man was with the youth, but he hung back and did not approach the car. Fox was wary of the young man and initially said no, but then she offered to make the call on speaker phone and hold the phone out for him to speak with his grandmother. The young man gave her a number to call.

*384Reina arrived and observed a young man talking to Fox and another young man standing behind him. She was suspicious of the young man speaking to Fox, so she yelled to Fox to put her phone away and roll up her window. As this was occurring, Reina noticed a Chrysler 300 in the area driving slowly with its lights off. She could not see the driver.

Fox held her phone in her right hand, while the young man remained outside her car on the left side, dialed the number he had given her, and put the call on speaker so he could hear. A young girl, who did not sound like a grandmother, answered the phone call. The young man stuck his head inside Fox's car and tried to take the phone off the speaker. "That wasn't okay" with Fox, so she "held on to [her] phone tighter and moved away from him." Then the young man "reached in with his hands and grabbed [Fox's] phone out of [her] hands." "It was a struggle but he did [take the phone from her]." The young man ran away with her cell phone. Halabi got out of the car and chased him. Reina saw the second young man get into the Chrysler as the first young man ran away.

Richard Cardenas was driving with his cousin and his friend when Halabi and the young man ran in front of his car. As he passed Cardenas, Halabi yelled that the young man had his phone. Cardenas indicated to Reina that he understood what was happening and followed the Chrysler. Reina also pursued the Chrysler.

Cardenas turned a corner and saw the youth and Halabi on the ground. Two people got out of the Chrysler, which was parked about 10 or 12 feet away. One of them kicked Halabi in the stomach. Cardenas and his friends got out of their car to help Halabi. The young men fighting Halabi got back in the Chrysler and drove away.

Reina reached Halabi just after Cardenas did. She also saw the Chrysler parked nearby. The doors were open and the only person in the car was the driver. The three passengers were beating Halabi. They were all male and looked like they were less than 25 years old. She heard the driver, who "definitely" had "an adult voice" say, "Get in the car, get in the car." The young men got back in the car and he drove them away.

Reina attempted to follow the Chrysler to get its license plate number. The Chrysler was driving fast, but she managed to get part of the number-7TT. She returned to Fox and Halabi. Halabi's glasses were missing and his face was covered in blood, but he had gotten Fox's cell phone back.

Cardenas also followed the Chrysler in an attempt to get its license plate number. He followed it for several blocks and went around a park. He never saw the vehicle stop and did not see the driver attempting to leave the vehicle. He lost the Chrysler when it drove through a red light.

Deputy Sheriff Kurt Wurzer responded to the scene. As he was interviewing Fox, Halabi, and Cardenas, the deputy received a report that a stolen light green Chrysler 300 registered to Joseph had been found nearby with a key in the ignition. The Chrysler was found close to the robbery scene.

Deputy Wurzer spoke with Joseph at his residence a few hours after the robbery. Joseph said his car was stolen during the day when he was at the Antelope Valley Fair. Deputy Wurzer asked Joseph why he waited approximately three hours to report the car stolen. Joseph said he was waiting for a ride back to his house, and had lost his wallet and keys. Deputy Wurzer completed a CHP-180 form reporting the theft of the vehicle. The deputy testified that "CHP-180 is a standardized form *385all law enforcement in California use for either a stolen vehicle or if we have to tow a vehicle or we recover a vehicle ...." The form states on its face that it is "FURNISHED TO ALL PEACE OFFICERS BY CALIFORNIA HIGHWAY PATROL." The deputy confirmed that "CHP-180 [is] a document that the registered owner has to sign. Joseph signed below the section of the form that stated, "I certify or declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

Detective Daniel Ament of the Lancaster Sheriff's Department's Robbery Suppression team investigated the robberies.

Officers recovered Taco Bell receipts, showing two drive-through purchases made between 10:00 and 11:00 p.m. on the night of the robberies, from the center console of Joseph's Chrysler.

Surveillance video showed Joseph driving through the Taco Bell drive-through at 10:11 p.m. alone in his Chrysler. Joseph bought a burrito and sat in his car for several minutes. Video depicted Joseph getting out of his car and talking to several young men. The young men got into Joseph's car. Joseph went through the drive-through a second time at 10:48 p.m. and purchased six burritos.

Other surveillance footage showed Joseph's Chrysler parked in a nearby lot with the passenger door open, as Halabi was being beaten by the young men.

The location where the assault took place and the area where Joseph's car was recovered were each approximately 500 feet from Joseph's residence.

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Cite This Page — Counsel Stack

Bluebook (online)
244 Cal. Rptr. 3d 380, 33 Cal. App. 5th 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-joseph-calctapp5d-2019.