People v. Coleman CA2/5

Filed 1/30/26 P. v. Coleman CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B346814

Plaintiff and Respondent, (Los Angeles County Super. Ct. v. No. 24CMCF01977)

KEVIN COLEMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

Following a mistrial, Kevin Coleman pleaded no contest to one count of second degree robbery (Pen. Code, § 211, count 1),1 and admitted the allegation that he personally used a firearm (§ 12022.5, subd. (a)). Pursuant to a plea agreement, the prosecution moved to dismiss three counts of robbery and associated personal firearm use allegations. The trial court granted the People’s motion. Coleman was sentenced to the middle term of three years in count 1, plus four years for the firearm enhancement. Coleman timely appealed, marking “other” as his basis for appeal, and stating “A mistrial was declared mid-trial in this case, which the defense believes should have been granted with prejudice.” Coleman requested a certificate of probable cause, which the trial court denied. On July 9, 2025, this court issued an order limiting the issues in this case to those not requiring a certificate of probable cause. We appointed counsel. After reviewing the record, counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende). On December 12, 2025, we advised Coleman that he had 30 days to submit any contentions or issues he wished us to consider. Coleman filed a filed a supplemental letter brief on January 12, 2026, arguing (1) there were “identification issues” at trial; (2) the testimony of the victim, the victim’s employer, and the deputy sheriff was mistranslated and