Filed 12/18/13 P. v. Kelly CA2/8 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION EIGHT 

THE PEOPLE, 

 Plaintiff and Respondent, 

 v. 

EDWIN KELLY, 

 Defendant and Appellant. 

 B249262 

 (Los Angeles County 

 Super. Ct. No. TA124642) 

 APPEAL from a judgment of the Superior Court of Los Angeles County. 

Kelvin D. Filer, Judge. Affirmed. 

 Craig C. Kling, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 No appearance for Plaintiff and Respondent. 

* * * * * * * * * * 
2

 Defendant and appellant Edwin Kelly appeals from the judgment of conviction 

following a jury trial. We affirm. 

 On October 31, 2012, defendant was charged with one count of second degree 

robbery (Pen. Code, § 211).1 It was also specially alleged defendant had suffered several 

prior convictions and served prior prison terms within the meaning of section 667.5, 

subdivision (b). The information alleged that on August 24, 2012, defendant and his 

codefendant Saladin Minor2 unlawfully took, by force and fear, personal property from 

victim B.R. At his arraignment, defendant pled not guilty. 

 The case proceeded to a jury trial in May 2013. During the trial, the victim, B.R., 

attested to the facts and circumstances of the incident in which defendant, codefendant 

Minor, and one other unidentified male, rear-ended the victim’s car. B.R. identified 

defendant in court, and explained that after he got out from the front passenger seat while 

she was trying to exchange information with Minor (who was the driver), defendant 

walked up to her car and grabbed her purse out of the vehicle. She described him as 

wearing a blue plaid shirt. She said defendant and Minor then ran back to their car and 

got in. The third male ran off and did not go back to the car. Both Minor and defendant 

tried to hit the victim as she attempted to retrieve her purse from their vehicle. Minor 

attempted to drive off while B.R. was still reaching into their car, and crashed into a 

semi-truck, injuring B.R. 

 Los Angeles Police Department (LAPD) patrol officer Ryan Lozano and his 

partner, officer Arthur Gonzalez, testified to witnessing a portion of the incident. They 

came upon the scene, witnessed the struggle between B.R., Minor and defendant, the 

 

1 All further undesignated section references are to the Penal Code. 

2 Codefendant Minor is not a party to this appeal. 
3

crash with the semi-truck, and then saw defendant get out of the front passenger seat and 

attempt to flee. 

 LAPD officer Gilberto Tovalin also testified to responding to the scene of the 

incident and apprehending defendant, who had been wearing a blue shirt and black 

shorts. Defendant was located hiding nearby, with his shirt on the ground next to him. 

He was placed under arrest at that time. 

 Erik Rivera, the driver of the semi-truck, testified during the trial and identified 

defendant as a participant in the robbery. 

 Video from a nearby store’s security camera was played for the jury, as were 

segments of video from the responding officers’ dashboard cameras. 

 Defense counsel argued to the jury, both in opening statement and in closing 

argument, that the evidence showed defendant was not the one who took the purse out of 

the car, but rather, it was the third male (wearing a white T-shirt and black shorts) who 

did so and eluded capture by the police. Defendant testified in his own defense that he 

did not get out of the vehicle after the collision and did not take B.R.’s purse from her 

car. He said he did not know that a robbery was being planned, but that he had simply 

asked codefendant Minor for a ride to a friend’s home, and that he attempted to flee 

because he panicked and feared going back to jail. Defense counsel explained the 

defense version that the video supported defendant’s testimony he had not gotten out of 

the vehicle after the accident. 

The jury found defendant guilty of second degree robbery. Defendant waived his 

right to a jury trial on his prior convictions. At the sentencing hearing, defendant 

admitted two prior prison term convictions. The court sentenced defendant to a state 

prison term of six years, consisting of the upper term of five years on the robbery count, 

plus one year for one prior prison term. The court exercised its discretion under section 

1385 to strike the other prison term prior. Various fines and fees were imposed, and 

defendant was awarded 610 days of precustody credits. 
4

 Defendant filed a timely notice of appeal. We appointed appellate counsel to 

represent defendant. Appellate counsel filed a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration 

from counsel that he reviewed the record and sent a letter to defendant explaining his 

evaluation of the record. Counsel further declared he advised defendant of his right, 

under Wende, to submit a supplemental brief within 30 days. 

On November 14, 2013, defendant submitted a two-page handwritten letter brief. 

Defendant does not identify any specific claim of error. Defendant only asserts his belief 

that an enhanced version of the security videotape of the incident would show that he did 

not take the victim’s purse out of her car. Defendant contends that if an enhanced version 

was obtained, the clothes worn by the individual taking the purse could be better seen and 

it would reveal that it was not defendant, who was wearing a blue plaid shirt on the day 

of the incident, and not a white T-shirt as reflected in the video. 

The jury was provided the videotapes to view in the jury room during 

deliberations. The jury was able to hear and assess the precise claim defendant now 

urges would be shown by an enhanced version of the videotape, specifically that 

defendant was not a participant in the robbery of B.R. That claim was rejected by the 

jury. Defendant has not shown a request to submit an enhanced version of the videotape 

evidence (assuming that could be accomplished) was made and denied, or whether 

admission of such evidence would reasonably result in a more favorable outcome to 

defendant. (Cal. Const., art. VI, § 13.) 

We have examined the entire record and are satisfied that appointed counsel fully 

complied with his responsibilities in assessing whether or not any colorable appellate 

issues exist. We conclude there are no arguable appellate issues. (People v. Kelly (2006) 

40 Cal.4th 106; Wende, supra, 25 Cal.3d 436.) 
5

DISPOSITION 

 The judgment of conviction is affirmed. 

 

 GRIMES, J. 

We concur: 

 BIGELOW, P. J. 

 

 RUBIN, J.