People v. Wence CA2/8

Filed 11/13/23 P. v. Wence CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B327336

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA129956) v.

VICTOR WENCE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Victor D. Martinez, Judge. Affirmed. Keith Fox, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________________

Victor Wence appeals from his judgment of conviction of one count of second degree robbery (Pen. Code,1 § 211). Wence’s appellate counsel filed a brief asking this court to proceed under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. On the morning of March 29, 2022, the victim, Darin White, was driving a semi-truck for work. As White was merging onto the freeway, his truck collided with a car occupied by Wence, Abel Rodriguez, and Olivia Sandoval. Wence and his companions got out of their car and approached White’s truck. After opening the driver’s door of the truck, Wence punched White in the face. He then pulled a gun from his waistband and demanded White hand over his property. Wence took White’s wallet containing his identification card, credit cards, and bank debit card. He also took White’s wedding ring, Apple watch and AirPods, work and personal iPhones, keys to his truck and personal vehicle, and the truck’s electronic logging device and GPS device. Wence asked White for the personal identification number for his debit card, which White provided. As he was taking the items, Wence pointed the gun at White’s chest. Wence told White that he had his information and would kill his family if White called the police. During the robbery, Wence ripped out the camera located on the truck’s dashboard. Before the camera was disabled, however, it recorded images of Wence, Sandoval, and the car that collided with White’s truck. After taking White’s property, Wence ordered him to lie face down in the truck’s sleeper cab. Wence and his companions then left the scene. That same day,