People v. Allen CA5

INTRODUCTION

Appellant and defendant Clarence Ray Allen was convicted of multiple felony offenses after a jury trial, and the judgment was affirmed on direct appeal. Thereafter, he requested the superior court to strike the restitution fine. The court dismissed and vacated certain fees and assessments but did not strike the restitution fine, and appellant filed this appeal. 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.) We affirm.

FACTS1

On March 28, 2018, friends, T.R. and P.G., were chatting inside P.G.’s parked vehicle with the windows open just outside of a public park. T.R. testified she was sitting on the passenger’s side, and P.G. was on the driver’s side. At around 4:30 p.m., a man with burgundy/reddish colored dreads, wearing a red bandana around his neck and all red clothing, approached the passenger side of the vehicle. T.R. had never seen the man before but identified him as appellant from a photo lineup shown to her by law enforcement the following day and also identified appellant during…