People v. Harris CA5

Filed 6/26/15 P. v. Harris CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F068879 Plaintiff and Respondent, (Kings Super. Ct. Nos. 12CM2391 & v. 13CM3299)

LOUIS GENE HARRIS, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Peña, J.

INTRODUCTION Appellant/defendant Louis Gene Harris was charged with multiple felonies as a result of two domestic violence cases. He entered into a negotiated disposition and was sentenced to four years. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTUAL AND PROCEDURAL HISTORY Case No. 12CM2391 On or about July 7, 2012, defendant willfully and unlawfully used force upon Yolanda W. (Yolanda), his girlfriend. On July 9, 2012, complaint No. 12CM2391 was filed in the Superior Court of Kings County which charged defendant with count I, misdemeanor use of force and violence on Yolanda, a cohabitant (Pen. Code, § 243, subd. (e)(1)).1 On the same day, the court issued a protective order for defendant to stay away from Yolanda. On July 13, 2012, defendant pleaded no contest. The court placed defendant on formal probation for three years under various terms and conditions, including enrollment in and completion of a domestic violence batterer’s program. The court also terminated the protective order. Case No. 13CM3299 On August 20, 2013, defendant was at the residence of K.W. (not the same victim as in case No. 12CM2391). Defendant and K.W. had children together. They started arguing about money, and defendant hit K.W. in the eye, which resulted in swelling, redness, and a traumatic condition.

1 All further statutory citations are to the Penal Code unless otherwise indicated.