People v. Dennis CA2/5

Filed 10/29/14 P. v. Dennis CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B252847

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA095102) v.

JESSIE L. DENNIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Arthur Jean, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Jessie L. Dennis pled no contest to one count of vandalism over $400 in violation of Penal Code1 section 594, subdivision (a) and two counts of assault with a deadly weapon in violation of section 245, subdivision (a)(1). Appellant entered his plea on October 11, 2013, and was sentenced the same day. The trial court sentenced him to the upper term of three years in state prison for the vandalism conviction and imposed concurrent three- year terms for the assault convictions. On October 15, 2013, appellant filed a motion to withdraw his plea on several grounds, including duress and ineffective assistance of counsel. On November 7, 2013, appellant filed a notice of appeal and request for a certificate of probable cause. The certificate of probable cause claimed duress and ineffective assistance of counsel in connection with the plea. On November 26, 2013, the superior court denied appellant’s request for a certificate of probable cause. On December 4, 2013, the superior court conducted a hearing on appellant’s motion to withdraw his plea. The court denied the motion. On January 27, 2014, appellant’s trial counsel filed a new application for certificate of probable cause. This application was also denied by the trial court.