People v. Lee CA5

Filed 1/27/21 P. v. Lee 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080408 Plaintiff and Respondent, (Super. Ct. No. F08901362) v.

ALVIS LEE, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Alan M. Simpson, Judge. Elizabeth M. Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Franson, J. and DeSantos, J.

Appointed counsel for defendant Alvis Lee, Jr., asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Lee was advised of his 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 Lee. Finding no arguable error that would result in a disposition more favorable to Lee, we affirm. 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, 124.) BACKGROUND1 “On January 14, 2008, at approximately 5:30 p.m., Angel Quijada went to the Family Food Market in Fresno and cashed a check. Quijada was getting into his vehicle to leave when appellant, Alvis Lee, Jr., approached him armed with a handgun and demanded money. Lee took $155 in cash from Quijada. As Lee shoved the money into his left pants pocket, his handgun discharged striking Lee in the upper left thigh. Lee then took Quijada’s keys and drove off in his car. “An hour after the robbery, Lee sought treatment at Madera Community Hospital under a false name claiming that he had been shot in a driveway shooting in Madera by several unknown males. “The following day when Quijada’s car was recovered, it had blood on the seat. Subsequent DNA testing of the blood confirmed it was Lee’s blood. “Lee was arrested on February 21, 2008. “On July 30, 2008, the district attorney filed an information charging Lee with robbery (count 1/Pen. Code, § 211) and carjacking (count 2/Pen. Code, § 215, subd. (a)). Each count alleged a personal use of a firearm enhancement (Pen. Code, § 12022.53,