NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
RAJWINDER SINGH BASSI,
Defendant and Appellant.
|
F074776
(Super. Ct. No. F15903732)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge.
Jyoti Malik, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant Rajwinder Singh Bassi of second degree robbery (Pen. Code, § 211; count 1)[1] and found true a personal use of a knife enhancement (§ 12022, subd. (b)(1)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On May 16, 2015, shortly before 9:00 p.m., Surjeet Singh was working alone at a Valero gas station in Sanger, California, when he left the register to use the restroom. As he came out of the restroom, he was confronted by Bassi who was wearing a white sheet over his body and two bandanas, one red and one white, covering his face.[2] Bassi “signaled” toward Singh’s stomach with a knife that had a 12-inch long blade. Singh told Bassi to take what he wanted. Bassi then signaled with the knife toward the cash register. Singh pulled the cash drawer from the register, placed it on the counter, and put the cash from the register into a bag. Bassi then grabbed a carton of Marlboro cigarettes from a cabinet behind the cash register and placed it on the counter. He reached into another cabinet and got a box containing $1,200 in $50 and $100 bills. Bassi placed the money in the bag and took it with him as he left the store, leaving behind the carton of Marlboro cigarettes.
Officers found a white sheet, the red and white bandannas, the knife and a wrapper for the knife within 40 yards of the Valero gas station.[3] Bassi’s fingerprints were found on the carton of cigarettes left on the counter and the packaging for the knife. Bassi’s DNA was found on the white sheet and the two bandannas.
On July 8, 2015, the Fresno County District Attorney filed an information charging Bassi with second degree robbery and an arming enhancement.
On September 28, 2016, the jury rendered its verdict in this matter.
On October 27, 2016, the court sentenced Bassi to an aggregate prison term of four years, the middle term of three years on his robbery conviction and a one-year use of a knife enhancement.
On December 1, 2016, Bassi filed a timely appeal.
Bassi’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Bassi has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
* Before Levy, Acting P.J., Gomes, J. and Poochigian, J.
[1] All further statutory references are to the Penal Code.
[2] Bassi began working at the gas station sometime before February 14, 2014. In August 2014, he was replaced by another employee after he closed the store early without the owner’s permission. An employee who worked with Bassi for several months testified that Bassi had a distinct way of walking and that the suspect in the surveillance video had the same distinct walk.
[3] The knife was a Good Cook brand knife. The packaging was for a Good Cook brand knife.
