People v. Bragg CA4/3

Filed 3/5/26 P. v. Bragg CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065405

v. (Super. Ct. No. 24CF1316)

DAVID GIRARD BRAGG, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Defendant David Girard Bragg was convicted by a jury of one count of attempted robbery. On appeal, his appointed attorney filed a brief pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. While not arguing against his client, counsel represented he found no arguable issues to advance on appeal and asked us to review the appellate record, which we have done. We also advised Bragg of his right to file a written argument on his own behalf, but he has not done so. Finding no arguable issues, we affirm the judgment. STATEMENT OF FACTS On the night of May 18, 2024, J.M. was working the walk-up window at a donut shop in Orange when Bragg came up to the window and said, “Give me all the money in the register.” At first, J.M. thought Bragg was joking because he spoke in a calm manner. But when Bragg dropped one hand below the window counter and repeated the demand several times in a louder voice, J.M. got scared and told him, “I can’t do that. I’m sorry.” Bragg then left the window and began walking toward the back of the shop. A few minutes later, though, he returned to the window and began demanding money from J.M. again, saying, “I need the money in the register.” Bragg was agitated and shouting this time around, but J.M. did not give him any money. J.M.’s coworker called the police, and Bragg was 1 arrested at the scene. In closing argument, defense counsel argued Bragg lacked the intent to commit robbery and compared him to a panhandler who was just asking for money, not aggressively demanding it. However, the jury convicted