People v. Ariza CA3

Filed 3/5/24 P. v. Ariza CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098377

Plaintiff and Respondent, (Super. Ct. No. 22FE010270)

v.

JOSE FILIBERTO ARIZA,

Defendant and Appellant.

Appointed counsel for defendant Jose Filiberto Ariza has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After reviewing the entire record, we affirm the judgment.

1

BACKGROUND The amended information charged defendant and his codefendant, Luis Avina, with robbery (Pen. Code, § 211)1 and unlawful driving of a vehicle (Veh. Code, § 10851).2 The amended information alleged several aggravating circumstances under California Rules of Court, rule 4.421.3 The victim, K.L., parked her silver truck on a Sacramento street around 11:00 p.m. K.L. was waiting to meet someone from an online dating application who failed to show up. K.L. got out of the truck to smoke and two men approached her. One of the men had a gun and demanded that K.L. give him her stuff. He said he had shot someone earlier. The second man reached up and grabbed K.L.’s designer black purse from her shoulder (which contained her keys) and took it. Then, the men ran away. K.L. tried to follow them but could not keep up. When K.L. returned to where she parked her truck, she saw the truck driving away but could not identify who was driving. K.L. called 911 to report the crimes. Officers responded to K.L.’s call at about 1:00 a.m. and took her report. Shortly thereafter, an officer told K.L. they might have found her truck and drove K.L. to the truck in West Sacramento. West Sacramento Police Officer Mitchell Williams spotted the truck at about 1:55 a.m. parked in a cul-de-sac near a Motel 6 in West Sacramento. This was about five miles from where it was taken. Officer Williams watched codefendant Avina, and a woman, C.H., get out of the driver’s side of the truck. When officers apprehended