People v. Celestine CA5

Filed 1/9/15 P. v. Celestine 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067299 Plaintiff and Respondent, (Fresno Super. Ct. No. F12908251) v.

LAWRENCE JAY CELESTINE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Hilary A. Chittick, Judge. Suzanne M. Morris, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Peña, J.

INTRODUCTION After a jury trial, appellant/defendant Lawrence Jay Celestine was convicted as charged of second degree robbery (Pen. Code, §211),1 and he admitted two prior prison term enhancements (§ 667.5, subd. (b)). He was sentenced to the lower term of two years, plus two years for the enhancements, for an aggregate term of four years. On appeal, his appellate counsel has filed a brief that 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 affirm. FACTS On October 11, 2013, Lydia Joachin was working as a clerk at a 7-11 convenience store in Fresno. Defendant entered the store when it was busy with customers. Joachin testified defendant walked down the middle aisle and grabbed a box of candy bars. Defendant put the box under his coat and headed to the door. Joachin left the counter and stood in front of the store’s double doors to prevent defendant from leaving. Defendant stopped in front of her. Joachin told defendant she saw him take the box of candy and asked him to return it. Defendant said he did not take anything. Joachin again said she saw him do it, and defendant denied it. Joachin testified defendant held the box of candy in his hands, clenched against his body. He shoved his body weight against her stomach to get through the doors. Joachin fell backwards about one and one-half steps and landed against one of the outward opening doors. She did not fall to the ground. Defendant left through the adjoining door. At trial, the prosecution introduced the store’s video surveillance tape. Joachin conceded the videotape did not show that defendant pushed her, or that she fell backwards. However, Joachin insisted it happened and testified the videotape images were not clear and did not show everything.