P. v. James
Filed 8/30/06 P. v. James CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. AVERY O. JAMES Defendant and Appellant. |
A111824
(Solano County Super. Ct. No. FCR218684)
|
Appellant Avery O. James was sentenced to the aggravated term of five years after being found in violation of his conditions of probation on a conviction for robbery. (Pen. Code, § 211.) He contends the court erred in imposition of this sentence. We reject appellant's arguments and affirm, although we modify the judgment with respect to the restitution fine imposed.
I. FACTS AND PROCEDURAL HISTORY
On September 18, 2004, appellant entered a Sportmart store in Vacaville and selected more than $500 in merchandise. Appellant tried to leave the store without paying. A store employee saw appellant and yelled at him to stop. To avoid apprehension, appellant motioned in his pants pocket as if he had a gun, and threatened the employee, saying â€
