People v. Edwards CA2/4

INTRODUCTION

Anthony Edwards, Jr., appeals from a sentence and judgment, following his conviction for second degree robbery. He contends the trial court erred when, in response to the jury’s question about how to apply the facts of the case to the “force or fear” element of robbery, it reopened closing arguments. Finding no error, we affirm the judgment.

PROCEDURAL HISTORY

1 A jury found appellant guilty of second degree robbery (Pen. Code, § 211). In a bench trial, appellant admitted a prior “strike” (§§ 1170.12, subds. (a)-(d), 667, subds. (a)-(i)) and prior serious felony allegations. The trial court sentenced appellant to 11 years in state prison. Appellant timely appealed from the judgment.

FACTUAL BACKGROUND

On June 19, 2014, Benjamin Blanco, a security guard for a grocery store, observed appellant enter the store with an empty backpack. Later, Blanco observed that appellant’s bag was full of bottles. When appellant walked toward the store’s exit without stopping by the cash registers, Blanco asked him to stop and return the items. Appellant “shrugged” and exited the store. Blanco followed appellant outside, and again requested that appellant return the items. Appellant…