People v. Moody CA6

Facts and Proceedings Below5 "On February 11, 2012, at approximately 5:50 p.m., a strong-armed robbery occurred at the Safeway at 4950 Almaden Expressway in San Jose. The defendant was in the process of completing a petty theft from the store. Loss Prevention agents attempted to take her into custody and eventually had to take her to the ground and were able to place handcuffs on her. A Loss Prevention Officer suffered bite marks on his legs and redness on both knees. The defendant was eventually placed under citizen's arrest and booked into the County Jail by San Jose Police Department for violating Section 211

P.C."

Upon our independent review of the record, we conclude there are no meritorious issues to be argued, or that require further briefing on appeal. The record indicates that before she admitted that she violated her probation, defendant was informed that she had a right to a hearing on the probation violation and was advised of and waived her constitutional rights regarding that hearing. Disposition The judgment is affirmed.

5 The statement of facts is taken from the petition to modify defendant's probation. 3 ________________________________

ELIA, J.

WE CONCUR:

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RUSHING, P. J.

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PREMO, J.

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