People v. Koonce CA5

INTRODUCTION

Appellant/defendant D’Micky Marvell Koonce pleaded guilty to second degree robbery and misdemeanor resisting arrest, and was sentenced to the second strike term of six 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

Around 9:50 p.m. on July 13, 2013, six or seven juvenile males entered the Save Mart grocery store in Lemoore, huddled around the liquor shelves, grabbed liquor bottles, and ran toward one of the store’s two exits. The store’s manager followed them. As they reached the door, the juveniles realized it was locked and headed to the second exit. The manager ran to the side and stood in front of the door to stop them. The manager recognized defendant as one of the juveniles – based on prior contacts with him. Defendant was carrying two bottles of liquor as he headed for the door. He reached out and hit the manager in the left eye with his closed fist, ran out of the store, and dropped one of the bottles. The rest of the group escaped behind him except for…