People v. McGowan CA4/3

Filed 9/30/21 P. v. McGowan CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059555

v. (Super. Ct. No. 19NF0976)

MICHELLE MCGOWAN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Scott A. Steiner, Judge. Affirmed. Kendall Dawson Wasley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

A jury found Michelle McGowan guilty of second degree robbery, and she was sentenced to the midterm of three years. McGowan appealed, and her appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738. Appellant did not file a supplemental brief. Because our review of the record discloses no arguable issues, we affirm the judgment.

I FACTUAL BACKGROUND On April 5, 2019, R.C., who was 68 years old at the time, was walking around Anaheim when two men exited a vehicle and then assaulted and robbed him. The two men were accompanied by a woman, but R.C. testified she sat in the front passenger seat, said nothing, and did not exit the vehicle or move into the driver’s seat. When he was later shown a six-pack of photographs containing appellant’s picture, R.C. did not identify her as the female companion. However, R.C. was not wearing his prescription glasses at the time of the incident. An eyewitness, I.M., testified she observed the entire incident. I.M. saw a green Kia Soul car approach the victim. Looking through the Kia’s front windshield, I.M. saw a female driver, whom she identified as appellant. Two men exited the vehicle, and proceeded to assault and rob R.C. When I.M. yelled she had called the police, the men stopped and jumped back into the car. I.M. testified appellant laughed when the men got out of the car and watched the assault while manipulating the screen of a black tablet or large phone. As appellant drove away, she made eye contact with I.M. I.M. spoke with a 911 dispatcher about the incident and provided a description of the vehicle and license plate number. She later selected appellant’s photograph from a six-pack lineup.