People v. Coleman CA1/5

I. BACKGROUND

In May 2011, Coleman was charged by information with first degree residential robbery (Pen. Code, §§ 211, 212.5, subd. (a)1; count 1); first degree residential burglary (§§ 459, 460, subd. (a); count 2); assault with a firearm (§ 245, subd. (a)(2); count 3); grand theft of a firearm (§ 487, subd. (d); count 4); and receipt of stolen property (§ 496, subd. (a); count 5). As to counts 1, 2 and 3, it was alleged that he personally used a firearm in committing the offense. (§§ 12022.53, subd. (b), 12022.5, subd. (a).) As to

1 All further undesignated statutory references are to the Penal Code.

1 count 2, it was further alleged that the offense qualified as a violent felony because a nonparticipant in the burglary was present in the residence during the commission of the burglary. (§ 667.5, subd. (c)(21).) A. Trial Evidence Julian Cooks testified that on November 26, 2010, at about 3:45 a.m., he was in his second-floor apartment in Richmond getting ready for work. His girlfriend Leah Trevillion was asleep in the apartment. Cooks grabbed his keys and cell phone, and unlocked and opened his front door and a metal security door. As he opened the security door,…