People v. Deroboam CA1/2

Filed 12/5/24 P. v. Deroboam CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A170646 v. JEFFREY DEROBOAM, (Sonoma County Super. Ct. No. SCR764493-1) Defendant and Appellant.

Defendant Jeffrey Deroboam appeals from a judgment entered after he pled no contest to inflicting corporal injury on a partner (Pen. Code1, § 273.5, subd. (a)) and elder abuse (§ 368, subd. (b)(1)), and after he admitted a violation of probation for a prior conviction of false imprisonment of a dependent adult (§ 368, subd. (f)). Deroboam’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Deroboam was informed of his right to file a supplemental brief, but he did not do so. We have reviewed counsel’s brief and have independently reviewed the record. We find no errors or other issues requiring further briefing. Accordingly, we affirm.

1 All statutory references are to the Penal Code unless otherwise

stated.

1

Case No. SCR764493-1 On July 18, 2023, a criminal complaint was filed against Deroboam alleging he had inflicted corporal injury on Jane Doe and committed elder abuse against her, both felonies. A preliminary hearing and conditional examination of Jane Doe was held on November 13, 2023. Jane Doe testified and was cross-examined. She was then 65 years old. Deroboam had been her boyfriend for a year and they lived together. On July 16, 2023, Deroboam hit her in the head with his phone and punched her in the nose with his fist. She suffered bleeding on the top of her head, a bloody nose, and a black eye. She testified about prior incidents of domestic violence by Deroboam against her. Deroboam was held to answer on the two felony counts. Eventually an information, and later a first amended information, were filed in case No. SCR764493-1. The first amended information charged Deroboam with these two felony counts and alleged a prior strike, pursuant to sections 667, subdivisions (d) and (e), and 1170.12, subdivisions (b) and (c). The strike was for a prior conviction of a serious and/or violent felony in 2004: section 136.1, subdivision (b) (dissuading a witness or victim of crime from making a report). The first amended information listed 17 separate factors in aggravation, 12 relating to the crime and five relating to the defendant. Mental Health Diversion Deroboam made a motion for pretrial mental health diversion under section 1001.36. The court heard extensive argument from the parties on December 11, 2023, and took the matter under submission. On December 15, 2023, the court heard additional argument, and then denied the motion, giving a lengthy explanation for its ruling. The court noted that although it had previously found defendant to be eligible for pretrial diversion, it did not find him suitable. The court reviewed and considered the extensive mental