People v. Stinson

242 Cal. Rptr. 3d 606, 31 Cal. App. 5th 464
CourtCalifornia Court of Appeal, 5th District
DecidedJanuary 16, 2019
DocketC077621
StatusPublished
Cited by9 cases

This text of 242 Cal. Rptr. 3d 606 (People v. Stinson) 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. Stinson, 242 Cal. Rptr. 3d 606, 31 Cal. App. 5th 464 (Cal. Ct. App. 2019).

Opinion

MURRAY, J.

*466Defendant and codefendant1 approached S.A. in his parked car and, at gunpoint, took several items from him including his wallet, keys, and cell phone. Still at gunpoint, they made S.A. move from the driver's seat to the trunk, placed him in the trunk and closed it, and then continued to look through the car. Defendant and codefendant then fled, leaving S.A. in the trunk. Shortly thereafter, using S.A.'s keys, defendant and codefendant entered the apartment S.A. shared with his fiancé, A.L.G., and her two children. At gunpoint, they demanded that A.L.G. give them whatever guns and money that were in the apartment. After obtaining two guns and other items, they left.

Defendant and codefendant were tried together. The jury found defendant guilty of kidnapping to commit robbery ( Pen. Code, § 209, subd. (b)(1) ; count one (victim-S.A.) ),2 robbery in the second degree (§ 211; count two (victim-S.A.) ), possession of a firearm by a felon (§ 29800, subd. (a)(1); counts three & five), and robbery in the first degree (§ 211; count four (victim-A.L.G.) ). The jury also found true vicarious arming enhancements for being a principal in the commission of the counts of kidnapping for robbery and second degree robbery where one of the principals was armed *467with a firearm (§ 12022, subd. (a)(1) ), and an enhancement for personal use of a firearm on the first degree robbery count (§ 12022.53, subd. (b) ). The *608court sentenced defendant to seven years to life, plus a determinate term of 17 years eight months.

On appeal, defendant asserts that: (1) the trial court abused its discretion in denying the defense motion to sever count six, charging only codefendant with being a felon in possession of a firearm (§ 29800, subd. (a)(1) ) based on the discovery of a handgun in codefendant's backpack approximately three months after the robberies of S.A. and A.L.G.; (2) the evidence was legally insufficient to support the conviction of kidnapping to commit robbery because it failed to establish that the movement of S.A. from the driver's seat to the trunk of his car was more than incidental to the commission of the robbery and that it increased the risk of harm to S.A.; and (3) the court erred in the manner in which it modified CALCRIM No. 1203. In supplemental briefing, defendant asserts that: (4) he is entitled to remand for a Franklin3 hearing, and (5) remand is also required for the trial court to consider whether to exercise its discretion to strike the section 12022.53, subdivision (b), firearm use enhancement following the passage of Senate Bill No. 620.

In the published portion of this opinion, we conclude that the trial court did not err in instructing the jury with the modified version of CALCRIM No. 1203. In the unpublished portions of this opinion, we conclude that the trial court did not abuse its discretion in denying the defense motion to sever; nor were defendant's due process and fair trial rights violated by the joinder. We also conclude that the evidence was legally sufficient to support the conviction of kidnapping to commit robbery. Finding merit to the contentions raised by defendant in his supplemental briefing, we remand the matter to the trial court for a Franklin hearing and for the trial court to exercise its discretion under section 12022.53, subdivision (h), to consider whether to strike the section 12022.53, subdivision (b), enhancement. We otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The People's Case

S.A. testified that, on May 13, 2013, he went out to run some errands. He then decided to go to an apartment complex to see if a friend wanted to play basketball. S.A. parked his silver Dodge Charger at the apartment complex and reached for his phone to call his friend. Before S.A. could place the call, *468he saw an individual next to his car door. S.A. identified defendant at trial as that individual. Defendant said, "[W]hat's up, Bro, you know what time it is." Then codefendant, who S.A. also identified at trial, opened the front passenger door and entered S.A.'s car. Codefendant pointed a gun at S.A.'s head and told him not to move or he would shoot.

The description of the gun wielded by codefendant is at the heart of the severance issue. S.A. testified that the gun was a black semiautomatic with "a little silver on the top." S.A. also testified that "it wasn't that much silver. It had just a little piece of silver in it."

Both defendant and codefendant began to pat down S.A.'s pants and one of them removed S.A.'s wallet containing his California driver's license bearing an old address, his Social Security card, a medical card bearing his current address, a debit card, and cash. Codefendant then snatched *609the keys from the ignition of S.A.'s car and also grabbed S.A.'s phone.

Defendant and codefendant ordered S.A. to get out of the car. Defendant grabbed S.A.'s hands and pulled him out. At that time, S.A. observed an individual nearby with whom he was familiar. Defendant chased that individual off while codefendant stayed near S.A. with the gun pointed at him. S.A. testified that defendant had no difficulty moving around, standing, or leaning over, and he was not limping. Nor did he notice codefendant having any difficulty moving around. After chasing the individual away, defendant returned to S.A. and "got in [his] face again."

Defendant opened the trunk. Codefendant continued to point the gun at S.A.'s head, and defendant and codefendant told S.A. to get into the trunk. S.A. was moved six to eight feet to the trunk with codefendant's gun still pointed at his head. While being moved to the trunk, S.A. begged, "[D]on't do this, please don't do this." Defendant and codefendant then "shoved" S.A. into the trunk and closed it. S.A. described himself as a "big guy" and testified that it was "hard to fit" into the trunk. Because of his size, the trunk lid did not close all the way and someone slammed it down on him to get it to close. However, S.A. testified that he suffered no injury during the incident.

Deon Hopkins drove into the complex's parking lot and saw what he thought was someone digging around in the trunk of a gray Charger, perhaps "messing with some music." Hopkins then thought he saw the person get into the trunk of the Charger. He asked his cousin, Marvin Hollis, who was in the car with him, if he saw the same thing, but Hollis had not noticed it.

While in the trunk of his car, S.A. could hear defendant and codefendant "going through the car." He "heard stuff moving, doors opening, my dash *469opening, my arm rest opening, just ... heard them going through the car." This lasted for five to ten minutes. During this time, S.A. was scared. He did not know what was going to happen, but he thought he would probably never see his family again.

Hollis observed two individuals, a larger dark-skinned individual and a smaller light-skinned individual, standing outside of a gray Charger with its doors open. The two men then walked away from the Charger.

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Cite This Page — Counsel Stack

Bluebook (online)
242 Cal. Rptr. 3d 606, 31 Cal. App. 5th 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stinson-calctapp5d-2019.