People v. Cooper CA3

Filed 3/29/16 P. v. Cooper CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C079747

Plaintiff and Respondent, (Super. Ct. No. 12F08062)

v.

KYLE SPENCER COOPER,

Defendant and Appellant.

Appointed counsel for defendant Kyle Spencer Cooper has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.

1 Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) On November 27, 2012, at approximately 11:30 a.m., Jag Singh was working alone at an AM/PM on Madison Avenue in Fair Oaks when defendant came into the store wearing a brown jacket and hat. Defendant told Singh he wanted Newport 100 cigarettes. Singh got the cigarettes and placed them on the counter. Defendant pulled out some bills and then reached into his pocket, pulled out a small black gun, pointed it at Singh and told him to “get back.” Defendant then reached over the counter and took money from the open cash register. Defendant left with about $400. Singh was able to identify defendant as the man who robbed him. Also on November 27, 2012, at approximately 2:30 p.m., Ramon Orozco was working alone at an AM/PM on Florin Road in Sacramento, when defendant came into the store and robbed him at gunpoint with a small black short-barreled revolver. Defendant asked for Newport cigarettes and, as soon as the cash register opened, he lunged over the counter, took approximately $230 to $250 in cash from the register and left. The robbery was captured on the store surveillance camera. Orozco was also able to identify defendant as the man who robbed him. On November 30, 2012, at approximately 6:00 p.m., Davinder Kumar was working alone at a Shell gas station on East Stockton Boulevard in Elk Grove, when defendant came into the store and asked him for some “GPC Red” cigarettes. When Kumar opened the register, defendant pulled out a revolver, told him to “step back,” took the cash from the register, and walked out. Defendant was wearing a black jacket and a black San Francisco Giants baseball hat with blue accents. The robbery was captured by the store surveillance camera. Defendant’s fingerprint was found at the scene of the Shell gas station robbery. It was also discovered that defendant had left fingerprints on the cash registers of one of the AM/PM stores he robbed.