The People v. Castro CA2/5

I. INTRODUCTION

A jury convicted defendant, Diego Vega Castro, of: attempted robbery (Pen.

Code, §§ 664, 211, count 1)1; second degree commercial burglary (§ 459, count 2); controlled substance possession (Health & Saf. Code, § 11377, subd. (a), count 3); and second degree robbery (§ 211, count 4). The jury found defendant used a knife in the commission of the attempted robbery. (§ 12022, subd. (b)(1).) The trial court struck the knife use enhancement and sentenced defendant to three years in state prison. We modify the judgment and affirm as modified.

II. EVIDENCE

A. The Prosecution Case

1. January 19, 2012

On January 19, 2012, defendant attempted to steal two Cannon cameras, each worth $400, from a Walmart store in the City of Lakewood. A struggle ensued after he was confronted by store personnel. During the struggle, defendant dropped the bags containing the cameras. The struggle ended when defendant brandished a knife. Defendant ran to a white truck and fled. Store personnel obtained the truck’s license plate number. Loss prevention officer Jose Pena described the incident with defendant. Defendant and a companion were spotted stealing items inside the Lakewood Walmart…