P. v. Rodriguez
Defendant appeals from a judgment entered following a jury trial in which he was convicted of second degree robbery (Pen. Code, 211) and a court trial in which he was found to have suffered a prior strike conviction (Pen. Code, 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and a prior serious felony within the meaning of Penal Code section 667, subdivision (a)(1). He was sentenced to prison for nine years, consisting of the low term of two years, doubled pursuant to the Three Strikes law, plus five years pursuant to the enhancement of Penal Code section 667, subdivision (a)(1).
The evidence at trial established that on December 15, 2005, Latoya Johnson was walking in an alley on her way to pick up her daughter at school when she heard appellant call out to her and saw him running towards her. Appellant asked to use her cell phone, and she told him it did not work. Appellant grabbed her arm, and she tried to yank away and run. Her purse was open and a makeup wallet was sticking out of [her purse.] Thats what he grabbed. And [she] just kept running. Police were summoned and she was driven to a nearby location to see if she could identify the robber. The first person she saw was not the person who robbed her. She was driven to another location, where she identified appellant as the robber. It was approximately five minutes after she had been robbed and she was 100 percent certain.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.The judgment is affirmed.
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