P.

P. v. Jones CA2/5

Good Law
Court of Appeal of CaliforniaMay 2, 2013B240771California5,170 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendants, Charles Deondra Jones and Kastin Decombre, of two counts of attempted robbery. (Pen. Code,1 §§ 664, 211.) Defendants were each sentenced to 10 years and 4 months in state prison. We modify the judgments and affirm as modified.

II. THE EVIDENCE

On October 15, 2011, at approximately 9:30 p.m., Steve Garcia and Jose B. were walking to a market. They were in the company of five female cousins including Carol B. They encountered defendants and a third man who were standing together on the grass. Mr. Garcia testified that Mr. Jones stepped onto the sidewalk. Mr. Jones asked Mr. Garcia, “Where are you from?” Mr. Garcia said he was not from anywhere. Mr. Jones came face-to-face with Mr. Garcia. Mr. Jones called Mr. Garcia a scared little bitch. Mr. Jones asked, “Are you scared?” Mr. Garcia denied that he was afraid. Mr. Jones responded: “Yeah, you is. You a scared little bitch.” Mr. Jones told Mr. Garcia, “Empty out your pockets or I’m going to stick you.” Mr. Garcia, who was frightened, herded his cousins away and called the police. As he walked away, Mr. Garcia heard three separate voices harassing them. They repeatedly said “empty your…

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