People v. Ricks CA5

Filed 5/12/21 P. v. Ricks 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F078958 Plaintiff and Respondent, (Fresno Super. Ct. No. F16906805) v.

RICKY RICKS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Timothy Kams, Brant K. Bramer, Wayne R. Ellison, James Petrucelli, and Gary D. Hoff, Judges.† Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and De Santos, J. †Judge Kams presided over the August 7, 2017, Marsden hearing; Judge Bramer presided over the January 11, 2017, Marsden hearing; Judge Ellison presided over the February 16, 2018, Faretta motion and Marsden hearing; Judge Petrucelli presided over the trial; and Judge Hoff presided over the sentencing hearing.

INTRODUCTION Appellant and defendant Ricky Ricks was convicted of second degree robbery and sentenced to the second strike term of 16 years in prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS Around 8:30 p.m. on November 9, 2016, Daniel Awes-Taylor was working at Food Maxx on Fresno Street when defendant walked in through the exit doors. Mr. Awes-Taylor was familiar with defendant because of “prior incidents” with him. Mr. Awes-Taylor immediately notified Gerardo Fernandez, the store’s security guard, that defendant was not supposed to be in the store and asked for his help. Mr. Awes-Taylor followed defendant and saw him stuffing into his jacket two bright yellow, family-sized trays of a thick-cut of meat, that he believed was raw tri-tip. Mr. Awes-Taylor started recording defendant on his cell phone. Mr. Fernandez testified he could see the slab of meat sticking out of defendant’s jacket. He approached defendant and asked him to either pay for or return the items. Defendant seemed surprised, but he did not respond and walked towards the exit at a fast pace. As defendant approached the exit, Mr. Awes-Taylor could see the meat packages sticking out of his jacket, and he tried to grab them. Defendant pulled a knife from his left pants pocket, held it in front of him, and pointed it toward Mr. Awes-Taylor. Mr. Awes-Taylor felt panic and fear when he saw the knife and did not notice whether the blade was extended. Mr. Awes-Taylor threw up his hands and told defendant, “[O]h, you are going to pull a knife.” He thought he was in real danger, and immediately backed away from defendant and stopped recording the incident. Mr. Awes-Taylor watched defendant