Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F07909317, James R. Oppliger, Judge.
Paul Stubb Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Vartabedian, Acting P.J., Hill, J., and Kane, J.
Bee Lee was a loss prevention agent for the Target store located at First and Shields in Fresno. On December 8, 2007, Lee was working video surveillance when he saw appellant, Jeremy Wendel Wilson, walk to the electronics department with his hands in his pockets. Wilson then took his hands out of his pockets, cut the theft prevention mechanism attached to two cameras, and placed them in his jacket. Lee left his video surveillance post, ran onto the sales floor, and followed Wilson past the cash registers towards the exit. Wilson had walked about five feet past the exit when Lee approached him and began to say, “Excuse me. Store Security.” However, before Lee was able to finish, Wilson turned around and punched him on the back of the neck as he ducked. As Lee attempted to grab Wilson, Wilson continued throwing punches at Lee, hitting Lee on the head and on the neck.
Security agent, Mallory Breshears, soon joined Lee in trying to detain Wilson and was punched by Wilson on the lower jaw. After Lee and Breshears caused Wilson to fall forward on his hands, Wilson began kicking with his legs. A second female security agent soon arrived and assisted the agents in detaining Wilson. Wilson kicked her on the legs and stomach as she attempted to hold his legs down. The agents eventually managed to handcuff Wilson and found a box cutter and two cameras on the ground at the location where they raised him up.
On December 19, 2007, the court heard and denied Wilson’s Marsden motion.
People v. Marsden (1970) 2 Cal.3d 118.
On January 8, 2008, the district attorney filed an information charging Wilson with second degree robbery (Pen. Code, § 211.).
On February 25, 2008, a jury convicted Wilson of second degree robbery.
On July 25, 2008, the court sentenced Wilson to the mitigated term of two years. !(CT: 135.)!
Wilson’s appointed appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Wilson has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.