People v. White CA2/5

Filed 3/24/14 P. v. White CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B248806

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA092336) v.

LEE WHITE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark C. Kim, Judge. Affirmed. Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Lee White was convicted, following a jury trial, of one count of inflicting corporal injury on spouse, cohabitant or child’s parent in violation of Penal Code section 273.5, subdivision (a).1 The jury found true the allegation that appellant inflicted great bodily injury within the meaning of section 12022.7, subdivision (e). Appellant waived his right to a jury trial on the allegations that he had served five prior prison terms within the meaning of section 667.5, subdivision (b). The trial court found those allegations true. The trial court sentenced appellant to a term of 12 years in state prison, consisting of the mid-term of three years for the corporal injury conviction, plus the mid-term of four years for the great bodily injury enhancement plus five one-year terms for the prior prison term allegations. Appellant received credit for 189 days of actual custody plus 28 days of conduct credit for a total of 217 days of custody credit.2 Appellant appeals from the judgment of conviction. Finding no error, we affirm.

FACTS On April 13, 2012, around 10:30 a.m., Gladys C. was standing at the corner of Alamitos and 10th Street in Long Beach with her five- year- old grandson Lee. Gladys was hit in the back by a woman riding by on a bicycle. Gladys turned around and discovered that appellant was right behind the woman on a bicycle. Gladys and appellant had three children and two grandchildren together. Gladys and appellant had separated in 2001. Gladys had physical custody of Lee, and she had not allowed appellant to visit Lee for some time. Appellant told Gladys that he wanted to visit Lee. She refused. Appellant