Opinion
G044740 Super. Ct. No. 10CF2768
09-28-2011
THE PEOPLE, Plaintiff and Respondent, v. ISAIAS VALENTIN CARBAJAL, Defendant and Appellant.
teven J. Carroll, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
Appeal from a judgment of the Superior Court of Orange County, M. Marc Kelly, Judge. Affirmed.
Steven J. Carroll, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant was arraigned on the information alleging a single count of attempted robbery (Pen. Code, §§ 664, subd. (a), 211) on October 5, 2010. He was bound over for trial, and was found guilty as charged by a jury. Defendant was sentenced to three years' probation with the condition that he serve one year in local custody, and was further ordered to pay various fines and fees. As of the date of sentencing, defendant was credited with 316 days already served.
Defendant filed a notice of appeal, and we appointed counsel to represent him. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendant's behalf. We examine the entire record ourselves to see if any arguable issue is present.
The charges arose from the following summary of facts. On the afternoon of August 3, 2010, Santa Ana Police Officer Ramsey Aguinaga was patrolling a shopping center when he saw a woman who appeared to be in distress. The woman, Karen Ledbetter, told Aguinaga that someone had attempted to steal her purse. Ledbetter then noticed a man with a bicycle near a fast-food restaurant, and told Aguinaga that he was the man who had attempted to steal her purse.
Aguinaga identified defendant as the person Ledbetter had indicated and detained him. As he was placing defendant in the back of his patrol car, defendant told Aguinaga in Spanish: "I'm sorry officer. I was only hungry. I did not mean to rob her." Aguinaga is certified by the Santa Ana Police Department as fluent in Spanish, and later testified that "rob" can also mean "steal" or "burglary."
With defendant in custody, Aguinaga returned to Ledbetter, who identified defendant as the man who tried to steal her purse. Aguinaga observed that Ledbetter had a red abrasion-type injury on her left shoulder and neck. Defendant was subsequently arrested and read his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436 in Spanish. Defendant said he understood his rights. He was willing to speak with Aguinaga, and denied trying to take Ledbetter's purse. He said that he thought the groceries were abandoned so he tried to take them. When Ledbetter became angry, he just walked away.
Ledbetter testified at trial that she was waiting for a friend outside a store with a cart full of groceries. A man approached her on a bicycle and grabbed at her arm, which was holding her purse. The incident happened quickly, and she was afraid. Ledbetter hit defendant with her purse and yelled "Policia, Policia" to scare him away. Defendant fled on his bicycle, and people came out of one of the stores.
We must view the evidence in the light most favorable to the judgment, drawing all reasonable deductions from the evidence in the judgment's favor. We must accept all assessments of credibility as made by the trier of fact, then determine if substantial evidence exists to support each element of the offense. (See People v. Carpenter (1997) 15 Cal.4th 312, 387.) Before a verdict may be set aside for insufficiency of the evidence, a party must demonstrate "that upon no hypothesis whatever is there sufficient substantial evidence to support it." (People v. Redmond (1969) 71 Cal.2d 745, 755; People v. Bolin (1998) 18 Cal.4th 297, 331.)
"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (Pen. Code § 211.) "An attempted robbery requires a specific intent to commit robbery and a direct, ineffectual act (beyond mere preparation) toward its commission. [Citations.]" (People v. Medina (2007) 41 Cal.4th 685, 694.) The elements of attempted robbery are clearly established here. His attempt to grab Ledbetter's purse was a direct if ineffectual act to commit the robbery, and his intent can be inferred from his actions. In addition to Ledbetter's identification of defendant just a few minutes after the crime occurred, defendant spontaneously admitted his guilt as he was placed in the patrol car. The injury to Ledbetter's neck also belies defendant's version of events.
We have examined the record and found no other arguable issue. (People v. Wende (1979) 25 Cal.3d 436.) This court attempted twice to contact defendant by mail to notify him of his right to file a brief on his own behalf. The mail was returned as undeliverable on each occasion. Court clerks spoke to defendant's counsel, who has likewise been unable to contact his client. Counsel advised the court there was an immigration hold on defendant, and because he has been released from custody, counsel believes defendant has most likely been returned to Mexico. We deem the court's attempts to contact defendant as sufficient.
The judgment is affirmed.
MOORE, J. WE CONCUR: RYLAARSDAM, ACTING P. J. IKOLA, J.