People v. Lopez CA4/1

California Court of Appeal Jan 5, 2015 No. D065709Unpublished

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Holding. The court affirmed the defendant's convictions for robbery and making a criminal threat after finding no reasonably arguable issues for reversal upon independent review of the record pursuant to People v. Wende.

Issues

Whether there was sufficient evidence of sustained fear by the victim to support the conviction for making a criminal threat?
Was the trial court required to instruct the jury on the lesser included offense of attempted criminal threats?
Did the trial court err in admitting the contents of the 911 tape?
Was the trial court required to give a unanimity instruction regarding the robbery count?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 and have not discovered any reasonably arguable issue for reversal on appeal.”

“The judgment is affirmed.”

Filed 1/5/15 P. v. Lopez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065709

Plaintiff and Respondent,

v. (Super. Ct. No. SCE335103)

EILEEN LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Lantz

Lewis, Judge. Affirmed.

Stephanie M. Adraktas, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance by Plaintiff and Respondent.

A jury convicted Eileen Lopez of robbery (Pen. Code,1 § 211) and making a

criminal threat (§ 422). Lopez was sentenced to a two-year prison term plus various fines

and fees.

1 All further statutory references are to the Penal Code unless otherwise specified.

Lopez filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25

Cal.3d 436 (Wende), indicating counsel has been unable to identify any reasonably

arguable issue for reversal on appeal and asks this court to review the record for error.

People v. Lopez CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065709

EILEEN LOPEZ,

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STATEMENT OF FACTS

DISCUSSION

DISPOSITION

HALLER, J.

AARON, J.

AI Brief