People v. Gonzalez CA2/5

Filed 8/4/14 P. v. Gonzalez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B251907

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA101670) v.

ALEXANDER GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, George Genesta, Judge. Affirmed. Laurie Wilmore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Alexander Gonzalez was charged with one count of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1), one count of criminal threats in violation of section 422 and one count of violating a court order within the meaning of section 273.6. He was convicted, following a jury trial, of violating a court order and of the lesser offense of simple assault in violation of section 240, both misdemeanors. The jury acquitted appellant of the criminal threats charge. The trial court sentenced appellant to three years formal probation on the condition, inter alia, that he serve 180 days in county jail, which amounted to time served. The court found that appellant had violated his probation in another misdemeanor case, which is not part of this appeal. Probation was reinstated in that case.

Facts On February 22, 2013, appellant’s mother, Bertha Gonzalez, sought and obtained a criminal protective order against appellant. The court ordered that appellant have no contact with Bertha, directly or through a third party, and not come within 100 yards of Bertha. According to Bertha, she obtained this order for her son’s safety, not her own. Bertha believed that Alexander was mentally ill and used drugs. She had tried and failed to get an emergency observational hold placed on appellant pursuant to Welfare and Institutions Code section 5150. Law enforcement officers told Bertha her best course of action was to get a restraining order against appellant so that they could place appellant under arrest if necessary. On April 23, 2013, Bertha called 911. She told the 911 operators that appellant had grabbed a knife and had threatened her with it. The incident occurred inside Bertha’s trailer home, and Bertha fled outside to make the call. A recording of the 911 call was played for the jury. Los Angeles County Sheriff’s Deputy Jason Perkins responded to the 911 call, and spoke with Bertha. According to the deputy, Bertha said that she had agreed to give appellant a ride to Bertha’s sister’s house to pick up a pair of shoes. During the car ride,