Mohamed

People v. Mohamed

Good Law
133 Cal. Rptr. 3d 823·201 Cal. App. 4th 515·2011 Cal. App. LEXIS 1510
Court of Appeal of CaliforniaDecember 5, 2011No. D058046California3,481 words

Opinion

Lead Opinion

McConnell, J.

INTRODUCTION

A jury convicted Abdi Mohamed of robbery (Pen. Code, § 211). 1 The trial court sentenced him to five years in state prison. Mohamed appeals, contending there is insufficient evidence to support the jury’s verdict. He also contends the trial court erred by instructing the jury on conspiracy because conspiracy is not a valid theory of criminal liability. We conclude these contentions lack merit and affirm the judgment.

BACKGROUND

Prosecution Evidence

Around 12:45 a.m., Breanna Gomez was leaving a café when someone pushed her friend against her. Gomez fell against a wall. She heard someone refer to her and her friend as “b—s.” She turned and saw three men wearing sheer, form-fitting masks. She felt an object she thought was a gun in her back and was pushed back against the wall. One man’s mask ended up between his nose and lower lip. Gomez could see the man’s jawline and *518 facial structure, including the shape of his chin, cheek, and nose. He was Black, approximately six feet tall and thin. He had a moderate beard defining his jawline. He wore a black hooded sweatshirt, light colored pants, and a black beanie. He took her cell phone, car keys, and a $20…

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