P. v. Ross CA4/2

Filed 1/17/14 P. v Ross CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E059487

v. (Super.Ct.Nos. FBA900461 & FBA1000053) JAMES DARNELL ROSS, OPINION Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Cheryl C. Kersey,

Judge. Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

1

I

INTRODUCTION1

Defendant James Darnell Ross threatened his former wife and her son and broke the

windows at their residence. A jury convicted defendant of two counts of making criminal

threats (counts 1 and 3), one count of felonious vandalism (count 2), and a bail

enhancement for count 3. (§§ 422, 594, and 12022.1) The court dismissed count 4 for

attempting to dissuade a witness. (§ 136.1, subd. (b)(1).) In a bench trial, the court found

true that defendant had suffered a prior “strike” and a prior felony conviction resulting in