People v. McElroy CA2/3

INTRODUCTION

A jury found defendant and appellant Christopher A. McElroy guilty of second degree robbery. On appeal, he contends that the trial court failed to notify his trial counsel of jury questions before responding to them and that the prosecutor committed misconduct. We reject these contentions and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

During the early morning of February 27, 2013, Janae Mixon was on Long Beach Boulevard, working as a prostitute. She saw a car speeding down the street towards her. Defendant got out of the car. Mixon recognized defendant, having seen him in the area before. When defendant ran toward Mixon, she became afraid and ran, but she was pushed and fell. She dropped her cell phone, which defendant took. He left in his car. Mixon flagged down a police officer and gave him the suspect’s description. Defendant was soon detained, and Mixon identified him as the man who took her phone. Her cell phone was in defendant’s car. Video surveillance captured the incident, and the video was played for the jury.

II. Procedural background.

On May 31, 2013, a jury found defendant guilty of second degree robbery…