People v. Richard CA5

INTRODUCTION

Appellant/defendant Ernest William Richard III pleaded guilty to second degree burglary with a prior strike conviction and was sentenced to 32 months. On appeal, his appellate counsel 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).) By letter on April 24, 2014, we invited defendant to submit additional briefing. Defendant has filed a letter brief and claims he was innocent of the charge. We affirm.

FACTS1

On July 6, 2013, defendant and Brook Walsh entered the Save Mart grocery store in Sonora. They selected several items, placed them in the cart, and rolled the cart out of the store without paying. Defendant returned to the store, grabbed several grocery bags, and walked out. Defendant and Walsh placed the stolen goods into the grocery bags, put the bags in the cart, and walked down the street. Officer Khalil and Sergeant Vanderwiel responded to the scene. Officer Khalil asked Walsh why she stole from Save Mart. Walsh pointed to a large bag of dog food and a 12-pack of orange soda, and said she stole those items but paid for…