People v. Bruce CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the underlying case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Defendant approached the victim and asked for a dollar. The victim said she did not have a dollar. Defendant then called her a “bitch” and threatened to “kick her ass.”

1 When the victim tried to make a call on her cell phone, defendant yelled: “You better not be calling the police!” Defendant then kicked the victim’s “back leg,” hit her on the back of her head, and took her cell phone from her hand. Defendant was later found with the victim’s cell phone in her purse. In exchange for a stipulated sentence, defendant pleaded no contest to second degree robbery. (Pen. Code, § 211.) The trial court imposed the agreed upon two-year term. The court awarded 32 days of credit (28 actual days and 4 conduct days). (Pen. Code, § 2933.1.) The court also imposed various fines and fees. Counsel filed an opening brief setting forth the facts of the case and requesting this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Counsel advised defendant…