People v. Elhammali CA2/3

Filed 4/9/15 P. v. Elhammali CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B255149

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA072311) v.

JUSTIN T. ELHAMMALI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County,

Burt Pines, Judge. Affirmed.

Maria Leftwich, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

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Defendant Justin Elhammali appeals from his sentence after the trial court found he had violated his probation by committing a new offense. Elhammali’s counsel filed an opening brief asking this court independently to examine the entire record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We have done so, we find no error, and we therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Elhammali’s Burglary Conviction In October 2012 the People charged Elhammali with first degree residential burglary. On October 24, 2012, Elhammali reached a plea agreement with the People. The People amended their information to allege a second count for second degree burglary. Elhammali pleaded no contest to that charge. The court placed him on three years formal felony probation and ordered him to serve 180 days in the county jail and to obey all laws. The court dismissed, on the People’s motion, the first degree burglary count. In May 2013 the court issued a bench warrant after the probation department notified the court that Elhammali never had reported for probation supervision. In July Elhammali was arrested on the warrant. On August 29, 2013, Elhammali admitted a probation violation for failure to report. The court reinstated his probation, released him with time served, and ordered him to report to his probation officer. 2. Elhammali’s Arrest and Trial for Indecent Exposure In January 2014, Elhammali was arrested and charged with a violation of Penal Code section 314, subdivision 1, a misdemeanor. Based on the new arrest, the court revoked Elhammali’s probation in his felony case. The court ordered that Elhammali’s probation violation would be handled concurrently with his new misdemeanor. Elhammali’s case on the indecent exposure charge went to trial in February 2014. At trial, B. B. and L. H., two high school girls, testified that they had gone hiking at Point Dume in Malibu on January 15, 2014, around 4:00 p.m. After they had hiked for about 30 minutes, they encountered a man on the trail. The man was standing in the middle of the trail with his legs spread so the girls could not pass. The