People v. Aponte CA4/1

Filed 5/8/14 P. v. Aponte CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064648

Plaintiff and Respondent,

v. (Super. Ct. No. SCD244118)

KIM APONTE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Matias R.

Contreras, Judge. (Retired Judge of the Imperial County Super. Ct., assigned by the

Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Sheila O'Connor, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Respondent.

A jury convicted Kim Aponte of one count of using a tear gas weapon, not in self-

defense (Pen. Code, § 22810, subd. (g)(1)). Prior to trial, the court suspended criminal

proceedings to evaluate Aponte's competence to stand trial. She was ultimately found

competent and criminal proceedings were reinstated.

The court denied probation and sentenced Aponte to two years local prison

custody. Probation was revoked on two other cases and Aponte was sentenced to a two-