The People v. Lockhart CA5

Filed 8/27/13 P. v. Lockhart CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F065228 Plaintiff and Respondent, (Fresno Super. Ct. Nos. F11906070 v. & F11903435)

ROBERT LEE LOCKHART, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Don D. Penner, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Detjen, J.

INTRODUCTION Appellant/defendant Robert Lee Lockhart pleaded no contest in two separate cases to second degree robbery (Pen. Code,1 § 211) and carrying a concealed weapon (§ 12025, subd. (b)(6), and admitted an on-bail enhancement (§ 12022.1). He was sentenced to the stipulated term of four years eight months. On appeal, his appellate counsel has filed a brief which 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 will affirm. FACTS2 Case No. F11903435 On the afternoon of April 15, 2011, Edgar Flores went to Westside Market on South Elm in Fresno County to cash a check for approximately $1140. As the clerk counted the cash for Flores, two men entered the market. One man walked by the counter and saw the cash, and the two men left the store. Flores took his money and got into his car, which was parked in front of the market. As he sat in his vehicle, three men attacked and assaulted him. They beat him, pulled at his clothing, put their hands in his pockets, and demanded that he give the money to them. During the beating, Flores dropped the cash, and one of the assailants picked up the money. Another assailant checked Flores’s pockets again and took his cell phone. The three men ran away. During the investigation, the officers found defendant’s fingerprints on Flores’s car door. The officers showed photographic lineups, which included defendant’s picture,

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2Given defendant’s no contest pleas, the following facts are from the preliminary hearing and probation report.