People v. Walker CA4/3

Filed 6/20/16 P. v. Walker CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052496

v. (Super. Ct. No. 12NF3291)

RODNEY DWYANE WALKER, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Rodney Dwyane Walker, in pro. per.; and Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Defendant Rodney Dwyane Walker appeals from a judgment entered after a jury found him guilty of robbery, evading a police officer while driving recklessly, and possessing a firearm. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel identified a potential issue to assist us in our independent review. We provided defendant 30 days to file written argument on his own behalf; he did so. We have examined the entire record, appointed counsel’s Wende/Anders brief, and defendant’s supplemental brief; we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

FACTS Around 10:30 to 10:45 p.m. on October 12, 2012, Maria Erickson, who was 67 years old at the time of trial, drove to her friend’s house in Placentia, parked her car, and walked to the front door of the house. As she was about to open the door, which was ajar, she felt tugging at her purse. Initially thinking someone was playing a joke on her, Erickson tightened her grip on her purse by hugging it, and said, “no, stop. Stop that.” She turned around, and felt someone push her; she fell on her back. She screamed for help. Erickson felt someone pull her by the legs “towards the walkway where [she] came from towards [her] car.” At some point, the strap on her purse broke and she did not see her purse again. 1 Jeremy Chiong and James Chiong, the sons of Erickson’s friend, were inside the house and heard a crashing sound; they walked to the front door to investigate. Erickson was on the ground and, while pointing upward and behind her, said, “he robbed 1 We refer to Jeremy Chiong and James Chiong by their first names for the sake of clarity; we intend no disrespect.