People v. Leal CA5

Filed 6/25/21 P. v. Leal 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081773 Plaintiff and Respondent, (Kern Super. Ct. No. BF180528A) v.

BRANDALON LEAL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer and Judith K. Dulcich, Judges.† John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J. † Judge Brehmer presided over the change of plea hearing; Judge Dulcich negotiated readiness and presided over the sentencing hearing.

INTRODUCTION Appellant and defendant Brandalon Leal pleaded no contest to robbery, admitted a firearm enhancement, and was sentenced to the stipulated term of 14 years imprisonment. 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. FACTS1 On February 28, 2020, a man, later identified as defendant, entered O’Reilly Auto Parts on Ming Avenue in Bakersfield; he approached the counter and demanded money from the clerk, Alberto Rivera. Mr. Rivera opened the register and placed the cash drawer on the counter. Defendant reached toward his waistband and revealed a black handgun. He pointed it at the clerk and told Mr. Rivera to “bag it up.” Mr. Rivera took approximately $702 from the register and placed the money in one of the store’s plastic bags. Defendant told Mr. Rivera to open the other register and empty the contents. Mr. Rivera opened the second register, removed approximately $470, and placed the money in the same bag. Defendant next ordered the Mr. Rivera to open the safe, and he entered the code to do so. Mr. Rivera told defendant there would be a 10-minute delay until the safe opened. Defendant did not wait and left the store on foot. On March 6, 2020, a man with facial and neck tattoos, later identified as defendant, entered O’Reilly Auto Parts on Haley Street. He approached the counter and showed the clerk, Isaac Castellanos, that he had a gun in his waistband. Defendant ordered Mr. Castellanos to give him the money in the register. Mr. Castellanos explained he did not have the register’s key and had to call the manager. Jaime Palo, the manager,