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Filed 3/29/16 P. v. Cooper 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication 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,

Plaintiff and Respondent,

v.

KYLE SPENCER COOPER,

Defendant and Appellant.

C079747

(Super. Ct. No. 12F08062)

Appointed counsel for defendant Kyle Spencer Cooper has filed an opening brief 

that sets forth the facts of the case and asks this court to review the record and determine 

whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 

436.) Finding no arguable error that would result in a disposition more favorable to 

defendant, we affirm the judgment.

 

1 Defendant was advised by counsel of the right to file a supplemental brief within 

30 days of the date of filing of the opening brief. More than 30 days elapsed, and we 

received no communication from defendant.
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We provide the following brief description of the facts and procedural history of 

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)

On November 27, 2012, at approximately 11:30 a.m., Jag Singh was working 

alone at an AM/PM on Madison Avenue in Fair Oaks when defendant came into the store 

wearing a brown jacket and hat. Defendant told Singh he wanted Newport 100 cigarettes. 

Singh got the cigarettes and placed them on the counter. Defendant pulled out some bills 

and then reached into his pocket, pulled out a small black gun, pointed it at Singh and 

told him to “get back.” Defendant then reached over the counter and took money from 

the open cash register. Defendant left with about $400. Singh was able to identify 

defendant as the man who robbed him. 

Also on November 27, 2012, at approximately 2:30 p.m., Ramon Orozco was 

working alone at an AM/PM on Florin Road in Sacramento, when defendant came into 

the store and robbed him at gunpoint with a small black short-barreled revolver. 

Defendant asked for Newport cigarettes and, as soon as the cash register opened, he 

lunged over the counter, took approximately $230 to $250 in cash from the register and 

left. The robbery was captured on the store surveillance camera. Orozco was also able to 

identify defendant as the man who robbed him. 

On November 30, 2012, at approximately 6:00 p.m., Davinder Kumar was 

working alone at a Shell gas station on East Stockton Boulevard in Elk Grove, when 

defendant came into the store and asked him for some “GPC Red” cigarettes. When 

Kumar opened the register, defendant pulled out a revolver, told him to “step back,” took 

the cash from the register, and walked out. Defendant was wearing a black jacket and a 

black San Francisco Giants baseball hat with blue accents. The robbery was captured by 

the store surveillance camera. 

Defendant’s fingerprint was found at the scene of the Shell gas station robbery. It 

was also discovered that defendant had left fingerprints on the cash registers of one of the 

AM/PM stores he robbed. 
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Defendant was arrested on December 4, 2012. In his car, police found a Smith &

Wesson snub-nose revolver containing two live .38 cartridges and three expended 

casings. Police then went to defendant’s home address and inside another of defendant’s 

cars, found a loaded Norinco SKS assault rifle with an extended magazine containing 

7.62 cartridges. The car also contained clothing matching that which defendant wore 

during the Shell gas station robbery. 

Defendant was charged with three counts of robbery (Pen. Code, § 211; counts 

one, three and five),2four counts of being a felon in possession of a firearm (§ 29800, 

subd. (a)(1); counts two, four, six, and eight), and one count of possession of an SKS 

assault rifle (§ 30605, subd. (a); count seven). It was further alleged that defendant 

personally used a firearm in the commission of each robbery. (§ 12022.53, subd. (b).) It 

was also alleged that defendant had a prior strike conviction in 2000 for assault with a 

firearm. (§§ 667, subds. (b)-(i), 1170.12.) 

On December 17, 2013, a jury found defendant guilty of all counts and found true 

that he personally used a firearm in the commission of each robbery. At a subsequent 

bench trial, the trial court found the prior felony strike conviction true. 

Sentencing took place on June 5, 2015. The trial court sentenced defendant to an 

aggregate term of 37 years in state prison as follows: 20 years for the robbery in count 

one (the upper term of five years, doubled for the strike prior, plus 10 years for gun use); 

five years four months for the robbery in count three (one-third the midterm for robbery 

and for the use of a gun, doubled); five years four months for the robbery in count five 

(one-third the midterm for robbery and for the use of a gun, doubled); one year four 

months for the possession of an SKS assault rifle on count seven (one-third the midterm, 

doubled); and five years for the strike prior. Sentences on the remaining counts for being 

 

2 Undesignated statutory references are to the Penal Code.
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felon in possession of a firearm (counts two, four, six, and eight) were stayed. The trial 

court also ordered defendant to pay various fines and fees, and awarded him with 1051 

days of presentence custody credit. Defendant appeals. 

Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

 NICHOLSON , J.

We concur:

 RAYE , P. J.

 BLEASE , J.