People v. Hart CA2/5

Filed 1/7/15 P. v. Hart CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255557

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA049038) v.

DEBORAH HOEFT HART,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Denis Landin, Judge. Affirmed. Bird & Bird, Karen Hunter Bird, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Deborah Hoeft Hart pled no contest to one count of detention of a child with right to custody in violation of Penal Code section 278.5. She was granted probation on August 3, 1993. On March 7, 2014, appellant admitted that she had violated the terms of her probation by failing to appear in court as ordered in December 1993. Probation was revoked and appellant was sentenced to the low term of 16 months. She was awarded 236 days of presentence custody credit. Appellant appeals from the judgment of conviction. Finding no error, we affirm.

FACTS1 Michael Hoeft was married to appellant, and they had one child together, a daughter, B. In April 1991, when B. was about three years old, the couple separated. From then until June 1991, B. lived with Hoeft. On June 17, Hoeft and B. met appellant at a restaurant in Manhattan Beach. Appellant left with B., without telling Hoeft. On July 15, Hoeft and appellant appeared in court for a custody hearing. Appellant was granted primary custody and Hoeft received visitation on weekends. When Hoeft went to the arranged location for his August 4, 1991 visitation, appellant and B. were not there. Hoeft next saw B. on June 12, 1992 in San Diego at Children’s Services. Appellant and B. had been detained by the FBI at the Mexican border a few days earlier. On June 8, 1993, appellant pled guilty to one count of violating Penal Code section 278.5. On August 3, 1993, imposition of sentence was suspended and appellant was placed on five years of formal probation. Appellant did not appear for a scheduled court date on December 21, 1993. Probation was summarily revoked and a bench warrant was issued.