People v. Koonce CA5

Filed 5/18/15 P. v. Koonce 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068581 Plaintiff and Respondent, (Kings Super. Ct. No. 13CM3525) v.

D’MICKY MARVELL KOONCE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Steven D. Barnes, Judge. Katharine Eileen Greenebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Smith, J.

INTRODUCTION Appellant/defendant D’Micky Marvell Koonce pleaded guilty to second degree robbery and misdemeanor resisting arrest, and was sentenced to the second strike term of six 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 Around 9:50 p.m. on July 13, 2013, six or seven juvenile males entered the Save Mart grocery store in Lemoore, huddled around the liquor shelves, grabbed liquor bottles, and ran toward one of the store’s two exits. The store’s manager followed them. As they reached the door, the juveniles realized it was locked and headed to the second exit. The manager ran to the side and stood in front of the door to stop them. The manager recognized defendant as one of the juveniles – based on prior contacts with him. Defendant was carrying two bottles of liquor as he headed for the door. He reached out and hit the manager in the left eye with his closed fist, ran out of the store, and dropped one of the bottles. The rest of the group escaped behind him except for one juvenile who was detained. The manager felt dazed by the blow, but he did not require medical attention. Officer Brandon Cooper reviewed the store’s surveillance videotape and recognized defendant and the other juveniles from his work at Lemoore High School. On the evening of August 8, 2013, Officer Johns saw defendant and attempted to speak to him about the grocery store incident. Johns tried to contact defendant, but defendant jumped a fence and ran away. Defendant was later located in the area. Procedural History On November 1, 2013, an amended information was filed in the Superior Court of Kings County charging defendant with count I, robbery (Pen. Code, § 211); 1 count II,