People v. Kahassay CA5

INTRODUCTION

Appellant and defendant Yohanas Abraham Kahassy (appellant) pleaded no contest to second degree robbery and was sentenced to the second strike term of 10 years in prison. On appeal, appellant’s counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not filed a supplemental brief. We affirm.

FACTS1

“Surveillance footage on or about October 5, 2023[,] showed [appellant] and [three] other males take some candy and leave the [store] without paying. A store clerk followed the men into the parking lot and [appellant] lifted up his shirt slightly exposing the butt of a gun in his waistband. [Appellant] said[,] ‘Don’t take a picture’ and ‘When do you get off?’ The gun was never removed from his waistband and all suspects left the scene.”

PROCEDURAL BACKGROUND

On March 1, 2024, a felony complaint was filed in the Fresno County Superior Court charging appellant with count 1, second degree robbery on or about October 5, 2023 (Pen. Code,2 § 211), with two prior strike convictions, two prior serious felony conviction…