P. v. Freeman

Filed 5/6/08 P. v. Freeman CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Tulare County. James W. Hollman, Judge.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

-ooOoo-

On June 19, 2007,^[1]pursuant to a plea agreement, appellant Jarrett Freeman pled guilty to second degree robbery (Pen. Code, 211, 212.5, subd. (c)) and admitted allegations that in committing that offense, he violated probation granted in four previous cases. On August 16, the court imposed the two-year lower term in the instant case and ordered that term to run concurrently with terms imposed in the four cases in which appellant violated probation.

Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this courts invitation to submit additional briefing.

FACTUAL AND PROCEDURAL BACKGROUND^[2]

Facts

On March 3, Clifford Lewis, a loss prevention officer at a J.C. Penney store in Visalia, was on duty when he saw appellant enter the store, pick up two packages of mens undershirts, conceal them under his shirt and walk out of the store without paying for the items.^[3] Outside the store, Lewis and another store employee, Sean Manuele, approached appellant and identified themselves, at which point appellant began to run.

Lewis and Manuele gave chase, and Manuele was able to grab appellant by the shirt. Appellant began to struggle, became very aggressive. His arms were swinging, and it appeared to Lewis that appellant was trying to strike [Manuele]. At that point, Manuele yelled, Knife. Eventually, Lewis and Manuele were able to place [appellant] on the ground and handcuff him. Lewis then searched appellant and found on his person a pocket knife and a set of wire cutters.

Procedural Background

Initially, appellant was charged with second degree burglary ( 459, 460, subd. (b)) and the offense commonly known as petty theft with a prior ( 666), in addition to second degree robbery. On April 3, appellant pled not guilty to all charges. The preliminary hearing was held March 19.

On June 11, the court heard and denied appellants motion to dismiss ( 995).

On June 18, the court heard and denied appellants motion for appointment of substitute counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118.

Appellant entered his plea of guilty to the instant offense on June 19, pursuant to People v. West (1970) 3 Cal.3d 595.

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.

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^*Before Levy, Acting P.J., Cornell, J., and Gomes, J.

^[1] All references to dates of events are to dates in 2007.

^[2] The factual statement is taken from the report of the probation officer.

^[3] Our factual statement is taken from Lewiss testimony at appellants preliminary hearing.