People v. Wade CA3

Filed 4/23/21 P. v. Wade CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C090655

v. (Super. Ct. No. 18FE019068)

CHANCELLOR LENARD WADE,

Defendant and Appellant.

Appointed counsel for defendant Chancellor Lenard Wade asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I On September 16, 2018, G.R. was working at a Walmart where a register with a large amount of cash was kept. A man G.R. identified at trial as defendant approached her with his hand in his pocket and said, “I don’t want nobody to get hurt” and “I want you to put your drawer -- your register on the counter.” G.R. opened the register and put the money drawer on the counter. Defendant took the hundreds and the twenties and walked out of the store. Security cameras recorded the incident, and the video was played for the jury at trial. Managers calculated the loss at about $4,500. On September 29, 2018, M.K. was working at the Walmart when a man M.K. identified at trial as defendant approached the register and said, “I’m here for the robbery.” Defendant then said “This is a robbery. Can you open up your drawer? Otherwise I’m going to hit you.” M.K. told defendant she could not open the drawer by herself and needed to call her manager. Defendant responded, “Don’t call your manager, otherwise I’m going to hit you. You have only five seconds to open your drawer.” A manager came to the counter and took M.K. to an office to find out what was going on. When the manager returned to the counter, defendant was gone. The incident was recorded by security cameras and the video was played for the jury at trial. The People charged defendant with robbery (Pen. Code, § 211)1 and attempted robbery (§§ 664/211). It was further alleged that defendant had two prior strike convictions and two prior serious felony convictions. (§§ 667, subds. (a), (b)-(i), 1170.12.) The trial court granted defendant’s motion to represent himself at trial pursuant to Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562]. Defendant’s defense was duress and necessity; he claimed he owed money to his drug dealer, who was threatening his family, so he reluctantly committed the robbery and attempted robbery in order to pay his debt. He claimed he did not threaten M.K.