Opinion
C087881
11-08-2019
THE PEOPLE, Plaintiff and Respondent, v. KIMBERLY MONET CHRISTIAN, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 17CR001280)
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Seeing no arguable error that could result in a more favorable outcome for defendant Kimberly Monet Christian, we affirm the judgment.
BACKGROUND
An information charged defendant with second degree robbery. (Pen. Code, § 211.) She entered an open plea of guilty thereto.
Undesignated statutory references are to the Penal Code. --------
According to the police report that provided the stipulated factual basis for the plea, on May 15, 2017, defendant attempted to purchase four cartons of cigarettes with a credit card at a convenience store in Corning; the card was declined. The cashier, who believed defendant had used a fake credit card to buy cigarettes before, made her wait while the cashier served other customers. Defendant became angry and demanded her card back. When the cashier refused to return it and told her to wait, defendant jumped over the counter, attacked her, and took her phone and prescription glasses, several packs of cigarettes, and a small amount of cash; she also injured the cashier's toe by stepping on it.
The trial court sentenced defendant to the low term of two years in state prison. The court awarded defendant 193 days of presentence custody credit (168 actual days and 25 conduct days). The court also imposed a $900 restitution fine (§ 1202.4, subd. (b)), a matching suspended parole revocation restitution fine (§ 1202.45), a $40 court operations assessment (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373).
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Duarte, J. We concur: /s/_________
Murray, Acting P. J. /s/_________
Krause, J.