People v. Houston CA2/2

Filed 6/23/25 P. v. Houston CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO THE PEOPLE, B338494

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA133901) v.

RAY B. HOUSTON III,

Defendant and Appellant.

THE COURT:

Ray B. Houston III (defendant) appeals his conviction of felony false imprisonment by violence (Pen. Code,1 §§ 236, 237) and misdemeanor battery (§ 242). His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) identifying no issues. On April 1, 2025, we notified defendant of

1 Undesignated statutory references are to the Penal Code.

his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record and, finding no arguable issues, affirm the judgment. In an initial information, defendant was charged with assault with a deadly weapon (§ 245, subd. (a)(1)) and kidnapping (§ 207, subd. (a)). As to all counts, it was further alleged that defendant had suffered three prior “strike” convictions (§§ 667, subd. (d), 1172.1, subd. (b)). On December 11, 2023, following the filing of a section 995 motion by defendant, the assault with a deadly weapon count was dismissed, and the misdemeanor battery count was added to an amended information. On December 15, 2023, the trial court instructed the jury on felony false imprisonment by violence as a lesser included offense to the kidnapping charge. The jury found defendant not guilty of kidnapping but guilty of false imprisonment by violence and of misdemeanor battery. The trial court denied a Romero motion2 to strike prior convictions, found one prior strike true, as admitted by defendant, and found three aggravating factors true under California Rules of Court, rule 4.421. The trial court sentenced defendant to a total of six years in state prison, consisting of three years for the false imprisonment by violence conviction, doubled due to the prior strike. As to the misdemeanor battery conviction, defendant was sentenced to 180 days, with credit for time served. Defendant filed a timely notice of appeal from the judgment.