People v. Howard CA4/1

Filed 12/11/13 P. v. Howard CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D063821

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD213029, SCS218537) BRANDON LORENZO HOWARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C.

Deddeh, Judge. Appeal dismissed.

Laurel M. Nelson, under appointment by the Court of Appeal.

No appearance by Respondent.

FACTUAL AND PROCEDURAL BACKGROUND

On September 5, 2008, Brandon Lorenzo Howard pled guilty in case number

SCD213029 to a violation of Penal Code section 69, resisting an order of an executive

officer, and admitted a strike prior conviction. This case arose from an incident in

January when a deputy sheriff at the San Diego County jail instructed appellant to return

to his cell and when the deputy reached out to escort him back to his cell, appellant

punched the deputy in the eye. On June 16, 2008, appellant pled guilty in case number

SCS218537 to a violation of Penal Code section 69. This case arose from an incident in

March when appellant, who was in a holding cell awaiting transport to a court