People v. Celestine CA5

INTRODUCTION

After a jury trial, appellant/defendant Lawrence Jay Celestine was convicted as charged of second degree robbery (Pen. Code, §211),1 and he admitted two prior prison term enhancements (§ 667.5, subd. (b)). He was sentenced to the lower term of two years, plus two years for the enhancements, for an aggregate term of four years. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

On October 11, 2013, Lydia Joachin was working as a clerk at a 7-11 convenience store in Fresno. Defendant entered the store when it was busy with customers. Joachin testified defendant walked down the middle aisle and grabbed a box of candy bars. Defendant put the box under his coat and headed to the door. Joachin left the counter and stood in front of the store’s double doors to prevent defendant from leaving. Defendant stopped in front of her. Joachin told defendant she saw him take the box of candy and asked him to return it. Defendant said he did not take anything. Joachin again said she saw him…