P. v. Kitilya
A felony complaint was filed against defendant and appellant Raymond Kitilya, charging him in count 1 with second degree robbery (Pen. Code, § 211),[1] in count 2 with second degree commercial burglary (§ 459), and in count 3 with misdemeanor battery (§ 242). On the date of arraignment, defendant entered a plea of guilty to the charge of second degree robbery. Pursuant to the case settlement agreement, the remaining counts were dismissed and defendant was sentenced to two years in state prison. Defendant filed a notice of appeal based on “the sentence or other matters occurring after the plea.†His request for a certificate of probable cause was denied.
Counsel was appointed to represent defendant on appeal. On November 16, 2012, appointed counsel filed a brief raising no issues but asked this court to independently review the record for arguable contentions pursuant to People v Wende (1979) 25 Cal.3d 436. Defendant was advised by letter from this court of his right to submit a supplemental brief on appeal within 30 days.
Defendant filed a supplemental letter brief raising the following issues: (1) the alleged “victim had nothing to do with the sales department, he was neither†security nor “a certified employee,†and he approached defendant with a knife; (2) the victim was not even a citizen, “judging on his Englishâ€; and (3) defendant was arrested in Montclair, not in Pomona.
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