People v. Evans CA4/1

Filed 10/30/13 P. v. Evans CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063828

Plaintiff and Respondent,

v. (Super. Ct. No. SCN311876)

HAROLD EVANS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, K. Michael

Kirkman and Timothy M. Casserly, Judges. Affirmed.

Appellant Defenders, Inc. and David K. Rankin, under appointment by the Court

of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Harold Evans entered into a plea agreement, under the terms of which he pleaded

guilty to one count of criminal threats (Pen. Code,1 § 422) and admitted a "strike" prior

conviction (§ 667, subds. (b)-(i)). Under the agreement the parties stipulated Evans

1 All further statutory references are to the Penal Code unless otherwise specified.

would serve a four-year prison sentence and that the remaining counts and allegations

would be dismissed.2 Evans was sentenced to a four-year term consistent with the plea

agreement.