People v. Gaston CA2/8

STATEMENT OF FACTS

While victim Romero was sitting in his truck at a 76 gas station he was approached by appellant who offered to sell him a laptop. Romero refused stating he could not afford one. Appellant then asked Romero for some change. Romero gave him some pennies and nickels. Appellant said that was not enough and told Romero, “you better give me your money. If you don’t give me money, I’m going to shoot you.” At that point Romero felt scared. He thought he was going to get killed. He thought appellant was on drugs and not thinking right by the way he was moving. Appellant then told Romero to get out of his vehicle, go inside the gas station and get money out of the ATM. As Romero was going into the gas station he told appellant he had money to give him. He gave appellant $120. Appellant took the money and left. Victim Romero identified appellant at trial.

DISCUSSION

We appointed counsel to represent appellant on this appeal. After review of the record, appellant’s counsel filed an opening brief requesting this court review the record independently pursuant to Wende, supra, 25 Cal.3d at page 441. We have examined the entire record and are satisfied that no arguable…