People v. Stallworth CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. Shortly before 1:00 a.m. on April 20, 2013, Ernesto Flores drove his girlfriend home to Bellflower. After she got out of the car and went into her house, Flores drove off. At an intersection, he stopped behind a red Pontiac. Stallworth and codefendant Dijon Barnes got out of the Pontiac, approached Flores with guns pointed at him, and demanded money. Saying he didn’t have any money, Flores gave them his cell phone. Stallworth and Barnes ran back to the Pontiac and drove away. Flores contacted the police. Officers stopped a car matching Flores’s description of the Pontiac and arrested Stallworth and Barnes. Inside the car, the officers found a gun and Flores’s cell phone. Stallworth was tried together with codefendant Barnes. Stallworth was convicted of robbery and carrying a loaded firearm in public, with an enhancement for personal firearm use. (Pen. Code, §§ 211, 25850, subds. (a) & (c)(2), 12022.53.)1 He was sentenced to state prison for a term of 12 years. This appeal followed.

CONTENTIONS

Stallworth contends: (1)…