People v. Colombero CA5

Filed 11/7/13 P. v. Colombero 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F065688

v. (Super. Ct. No. F12902400)

JOHN FREDERICK COLOMBERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. Alex Coolman, 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 Franson, J.

After a bench trial, the court convicted appellant, John Frederick Colombero, of attempted second degree robbery (Pen. Code, §§ 664, 211).1 In a separate proceeding, the court found true six prior prison term enhancements (§ 667.5, subd. (b)) and allegations that Colombero had four prior convictions within the meaning of the three strikes law (§ 667, subds. (b)-(i)). Following independent review pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY DeAnna Estrada worked as an examiner for the Department of Motor Vehicles (DMV) in Fresno. On April 4, 2012, at 4:00 p.m., she was giving a driving test to Stephanie Soto in the DMV’s parking lot. Estrada was seated in the front passenger’s seat and Soto in the driver’s seat with the window down when Colombero approached Soto’s door with a beer in his hand and stated in a demanding manner, “Give me some money.” Estrada heard Soto tell Colombero she did not have any money. Colombero then stooped down, looked at Estrada and said in an agitated tone, “Hey, white bitch, I know you have money.” “I have a blade and I’ll use it.” Estrada told Colombero they did not have any money. Colombero stepped back a few feet, put his right hand in his front pants pocket, and fumbled through it as he cursed and mumbled. Colombero again stated, “I have a blade and if you don’t give me some money I will use it.” At Estrada’s direction, Soto put her window up and locked her door. Estrada then ran into the DMV office to call security. However, unable to find a security officer, she instead told her manager to call 911 because a homeless person was threatening her and Soto with a knife. Estrada went back outside and saw Colombero walking away and Soto talking to her father.