People v. Jones CA2/4

Filed 6/16/15 P. v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B256119

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA375742) v.

HERNANDO JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Arthur Jean, Jr., Judge. Affirmed. Bird & Bird and Karen Hunter Bird, under appointment by the Court of Appeal, and Hernando Jones, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Hernando Jones appeals a judgment after a contested probation violation hearing. His appointed counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436, raising no issues, and appellant filed a supplemental letter brief. We find no arguable issues and affirm.

FACTS AND PROCEDURAL BACKGROUND In 2010, appellant pled no contest to possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted two first-degree residential burglary convictions, which qualified as prior strike convictions under the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The court ordered that defendant complete a one-year live-in drug treatment program, after which he would be sentenced to probation with credit for time served. In 2011, imposition of sentence was suspended, and appellant was placed on probation for three years with credit for the one-year program he had completed. Probation was revoked in 2014 after appellant was arrested and charged with misdemeanor annoying or molesting a child under 18 (Pen. Code, § 647.6) in case No. 3AV06746. The probation violation hearing was conducted concurrently with the jury trial on the misdemeanor charge. According to his trial testimony, the victim, M.W., was 17 years old at the time of the offense in October 2013. Appellant, whom M.W. never had seen before, pulled in front of him as M.W. was crossing the street from a transportation center to his high school. Appellant asked M.W. where he was going. M.W. responded he was going to school. Appellant then offered, “Why don’t you come with me with your fine self.” M.W. continued on to the school, where he checked his schedule; he then went back to buy food from the vending machines at the transportation center. Appellant was there, and when their eyes met, M.W. walked to the restroom, hid in a stall, and locked the door. Appellant followed him into the restroom pushed the stall door, and said, “I