People v. Newjerusalem CA2/1

Filed 2/26/21 P. v. Newjerusalem CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B306554

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA478303) v.

HOLYZION HEAVENLY NEWJERUSALEM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed. Andrea Keith, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant Holyzion Heavenly Newjerusalem appeals from the judgment following her conviction for second degree robbery. Defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. We have reviewed the record, conclude the record reveals no arguable issue on appeal, and thus affirm.

FACTUAL AND PROCEDURAL BACKGROUND Defendant entered a convenience store, took several bottles of coffee beverage from a refrigerator, and placed them in a bag she was carrying. Defendant had attempted to take items from the store without paying on two prior occasions, so a store employee approached her and asked her to take the items out of her bag. Defendant denied having anything in her bag. The employee tried to take the bottles from her bag, and defendant struggled with him. Defendant poured a bottle of liquid bleach on the employee, hitting his pants. An amended information charged defendant with one count of second degree robbery (Pen. Code,1 § 211), and alleged an enhancement for personal use of a dangerous or deadly weapon, namely, the bleach (§ 12022, subd. (b)(1)). The information further alleged defendant had suffered two prior convictions, one in 1991 and one in 2018, subjecting her to sentencing under the “Three Strikes” law (§§ 667, subds. (b)–(j), 1170.12) and a prior conviction enhancement under section 667, subdivision (a)(1).