Opinion
B254692
11-13-2014
THE PEOPLE, Plaintiff and Respondent, v. IVAN EMILE SMITH, Defendant and Appellant.
Eileen M. Rice, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. VA 132535) APPEAL from a judgment of the Superior Court of Los Angeles County, Raul A. Sahagun, Judge. Eileen M. Rice, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.
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On November 3, 2013, Richard Ceballos, a 68-year-old man, was walking home alone when he noticed appellant approaching him in a zigzagging manner. Ceballos stepped aside for appellant, but appellant grabbed Ceballos's left shoulder, twisted him around to face appellant, and stated, "Give me all your money or I'm going to kick the fuck out of you." Ceballos felt scared. He reached into his pocket and gave appellant all the money he had on his person -- one dollar. Ceballos then admonished appellant, saying, "don't do this to people." Appellant hugged Ceballos and started walking away.
City of Downey Police Officer Laura Quint was on patrol and saw the two men together. As she got out of her patrol vehicle to investigate, Ceballos approached her. Officer Quint escorted him toward her patrol vehicle, and asked, "Is he trying to rob you?" Ceballos said, "Yes." Officer Quint ran after appellant and ordered him to stop, but appellant did not comply. After a short pursuit, Officer Quint apprehended appellant.
A jury found appellant guilty of second degree robbery. The trial court sentenced appellant to the midterm of three years for the robbery, and imposed various fines and fees. Appellant filed a timely notice of appeal.
After examining the record, appointed appellate counsel filed a brief raising no issues, but asking this court to independently review the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 264.) On August 12, 2014, we advised appellant he had 30 days within which to submit by brief or letter any contentions or argument he wished this court to consider. No response was received.
This court has examined the entire record in accordance with People v. Wende, supra, 25 Cal.3d at pages 441-442, and is satisfied appellant's attorney has fully complied with the responsibilities of counsel, and no arguable issues exist. Accordingly, we affirm the judgment of conviction.
DISPOSITION
The judgment of conviction is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
MANELLA, J. We concur: WILLHITE, Acting P. J. COLLINS, J.