Filed 1/5/15 P. v. Lopez CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D065709
Plaintiff and Respondent,
v. (Super. Ct. No. SCE335103)
EILEEN LOPEZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Lantz
Lewis, Judge. Affirmed.
Stephanie M. Adraktas, under appointment by the Court of Appeal, for Defendant
and Appellant.
No appearance by Plaintiff and Respondent.
A jury convicted Eileen Lopez of robbery (Pen. Code,1 § 211) and making a
criminal threat (§ 422). Lopez was sentenced to a two-year prison term plus various fines
and fees.
1 All further statutory references are to the Penal Code unless otherwise specified.
Lopez filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende), indicating counsel has been unable to identify any reasonably
arguable issue for reversal on appeal and asks this court to review the record for error.
Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel has listed a series
of possible, but not reasonably arguable, issues to assist this court in reviewing the
record. We offered Lopez the opportunity to file her own brief on appeal but she has not
responded.
STATEMENT OF FACTS
On October 30, 2013, Lopez, another woman and a male were observed entering a
CVS store in Lemon Grove. Store employee Dorothy Cook observed the trio taking
various items from the shelves and secreting them in a stroller and a diaper bag.
When Cook approached the group outside the store and identified herself as a
"CVS Security" person, she was encountered by Lopez. Lopez approached Cook and
"chest bumped" her several times. Lopez repeatedly threatened Cook saying "Bitch, I'm
going to fuck you up." At one point in the encounter, Lopez asked her female companion
to "get the knife."
Cook was frightened and retreated to the store. When she was able to calm down
she called 911 and reported the events and the threats.
Cook testified it was hard for her to continue to work at the same store because she
did not know when Lopez might come back and harm her.
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Lopez was arrested the following day. Sheriff's deputies found clothes matching
the description of the suspect and also found a bag of items from a CVS store.
DISCUSSION
As we have noted appellate counsel has asked this court to review the record for
error pursuant to Wende, supra, 25 Cal.3d 436. Counsel has indicated she has been
unable to identify any reasonably arguable issue for reversal on appeal. Counsel has
identified the following possible, but not reasonably arguable issues:
1. Whether there was sufficient evidence of sustained fear by the victim to
support the conviction for making a criminal threat?
2. Was the trial court required to instruct the jury on the lesser included offense of
attempted criminal threats?
3. Did the trial court err in admitting the contents of the 911 tape?
4. Was the trial court required to give a unanimity instruction regarding the
robbery count?
5. Was the trial court required to instruct the jury on the offense of simple assault
as a lesser included offense of robbery?
We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and
Anders, supra, 386 U.S. 738 and have not discovered any reasonably arguable issue for
reversal on appeal. Lopez has been represented by competent counsel on this appeal.
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DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
HALLER, J.
AARON, J.
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