P. v. Williams 7/11/11 CA2/7

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B222845

Case Date: 10/12/2011

Preview:Filed 7/11/11

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

THE PEOPLE, Plaintiff and Respondent, v. DEMETRIUS LAMONT WILLIAMS, Defendant and Appellant.

B222845 (Los Angeles County Super. Ct. No. MA046168)

APPEAL from a judgment of the Superior Court of Los Angeles County, Bernie C. LaForteza, Judge. Affirmed in part, reversed in part. Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Demetrius Lamont Williams appeals from the judgment entered following his conviction by a jury on four counts of robbery, three counts of forgery, and one count each of burglary, theft and fraudulent use of an access card. Williamss primary contention is that the use of force when fleeing from a retail store following the successful acquisition of personal property through a theft by false pretenses, as opposed to theft by larceny or theft by trick, does not constitute robbery. The People concede Williamss forgery convictions are not supported by sufficient evidence and the trial court should have stayed imposition of the sentence for burglary pursuant to Penal Code section 654, but dispute Williamss other challenges to his convictions and sentencing. We reverse the forgery convictions, modify the remaining judgment to stay imposition of the burglary sentence and affirm in all other respects. FACTS AND PROCEDURAL BACKGROUND 1. The Charges Williams was charged by information with second degree robbery (

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