People v. Smith CA2/8

Filed 4/2/15 P. v. Smith CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B254089

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA128748) v.

KELVIN D. SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Sean D. Coen, Judge. Affirmed as modified, with directions.

Sunnie L. Daniels, under appointment by the Court of Appeal, for Defendant and Appellant.

No response by Respondent.

__________________________

On April 3, 2012, Kelvin Smith appeared in the backyard of his estranged wife, Linda Smith, from whom he had been separated since 1991, and began harassing some contractors. He left only after sheriff’s deputies arrived and told him to go. On May 1, 2012, Smith confronted Linda Smith as she returned home and began pounding on her car window. Their adult son intervened, leading to a scuffle where Smith struck his son with a cane. Smith grabbed Linda Smith’s cell phone when she tried to call 911, shoved her against a truck, and ran off with the phone. A sheriff’s deputy later arrived and obtained an emergency protective order. Smith returned to the house that night, yelled at his wife to come outside, and threatened his son. A sheriff’s deputy responded to a call about a possible burglary, arrested Smith, and served him with the emergency protective order. On May 10, 2012, the court issued a domestic violence restraining order commanding Smith to stay at least 100 yards away from his son and Linda Smith and to have no contact with them for three years. On November 7, 2012, Smith was waiting for Linda Smith as she arrived home and forced her inside her house. Bags of feces were on and around the porch. Smith, who smelled of alcohol, shouted that he had been waiting hours for her and accused her of being with another man. He said he would kill her if he caught her with someone else. Smith pushed and slapped Linda Smith, ripped her blouse, and scratched her chest. When she tried to call for help, Smith took away her cell phone again. Her legs were bruised, her face was swollen, and she had a red mark on her eye. One week later, as Linda Smith sat in her parked car outside of church, Smith entered and apologized for the previous incident. Smith approached Linda Smith at church again two more times, warning that he would kill her if he caught her with another man. In February 2013, Smith approached Linda Smith as she waited at a grocery store checkout line and began to bag her groceries. He asked her to go home with him, and when she refused he threatened to shove her into the store’s glass cigarette case. He once more grabbed her cell phone and ran off.