People v. Jones CA2/6

Filed 3/22/22 P. v. Jones CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B306118 (Super. Ct. No. 18CR06985) Plaintiff and Respondent, (Santa Barbara County)

v.

DAVION DWAYNE JONES et al.,

Defendants and Appellants.

Defendants break into a house they believe is uninhabited. While ransacking the house, they find its fearful resident hiding in a closet. We draw upon our Supreme Court’s holding in People v. Anderson (2011) 51 Cal.4th 989, 991-992, “We hold here that the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear. It is robbery if the defendant committed a forcible act against the…