The People v. Boers CA3

Filed 9/24/13 P. v. Boers CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C072420

Plaintiff and Respondent, (Super. Ct. No. CM036662)

v.

BRANDON MICHAEL THOMAS BOERS,

Defendant and Appellant.

Following a plea of guilty, the trial court convicted defendant Brandon Michael Thomas Boers of false imprisonment by violence, dissuading a witness, criminal threats, and battery, and placed defendant on probation. Shortly thereafter, defendant admitted violating probation and the trial court sentenced him to an aggregate term of six years in county jail. Defendant appealed. His appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110, 124. In accordance with the latter, we will provide a summary of the offenses and the proceedings in the trial court.

1

BACKGROUND Because this matter was resolved by plea, the facts are taken from the stipulated factual basis as detailed in the probation report. Defendant lived with his girlfriend, Vanessa G., and their young child. At approximately 2:00 a.m., he came into the home screaming at Vanessa. When she tried to leave, defendant grabbed Vanessa by the hair, dragged her across the room and threw her on the ground. He got on top of her and put a pillow on her face, trying to suffocate her. Vanessa fought back and attempted to leave again, but defendant again grabbed her by the hair and hit her several times. Their child witnessed the assault. Defendant threatened Vanessa if she contacted law enforcement, he would kill her and her entire family and that if he got in trouble he would take their daughter. When defendant fell asleep, Vanessa was able to leave the home with her child. A complaint charged defendant with false imprisonment by violence (Pen. Code, § 236),1 dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)), criminal threats (§ 422, subd. (a)), and battery (§ 243, subd. (e)(1)). Defendant pleaded guilty to false imprisonment by violence and misdemeanor counts of dissuading a witness, criminal threats and battery. The trial court suspended imposition of sentence and granted defendant 36 months of formal probation. Among the terms of probation, defendant was ordered not to contact or communicate with Vanessa. Approximately two weeks after the trial court sentenced defendant, the probation officer filed a violation of probation petition. The petition alleged defendant had violated the no contact order. The parties stipulated to the factual basis. Defendant admitted the probation violation. The trial court found defendant had violated his probation and revoked probation. The trial court found each conviction arose from a separate act and