People v. Starks CA2/1

Filed 7/24/15 P. v. Starks CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B258991

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA423078) v.

CEDRIC DEMOND STARKS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Drew E. Edwards, Judge. Affirmed. Cedric D. Starks, in pro. per.; Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

FACTUAL AND PROCEDURAL BACKGROUND On March 31, 2014, appellant Cedric Starks entered the apartment of Alice Hargrave, the mother of his children. Hargrave phoned police, reporting that a physical struggle had occurred between herself and appellant and that he had hit her several times, bruising her. During the altercation, appellant obtained a gun he had kept hidden within the apartment. Hargrave gained control of the gun and reported it was fired when they “tussled with it.” Appellant exited the apartment during the 9-1-1 call and remained outside until police arrived and arrested him. Officer McGreggor entered the apartment, where he retrieved the gun from Hargrave. He noticed no injuries on the victim, and she stated she did not need an ambulance. While in custody, appellant volunteered to one of the arresting officers that he had purchased the gun from a drug connection a year prior to the incident. He also admitted he had tried to restrain Hargrave during the incident. Appellant was charged with one count of unlawfully possessing a firearm (Pen. Code, § 29800, subd. (a)(1)) and one count of battery against a parent of his child (Pen. Code, § 243, subd. (e)(1)), and the information alleged he had suffered two prior felony convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b)). Appellant had been crime free for seven years prior to this incident. At trial, both arresting officers testified, as well as the 9-1-1 dispatcher who had answered Hargrave’s call, and the court admitted a CD recording and transcript of the 9- 1-1 call. The CD was played during the dispatcher’s testimony. A jury convicted appellant of battery and unlawful possession of a firearm. He was sentenced to four years and four months in prison, comprising the middle term of two years on count 1, doubled, plus one-third the midterm of 12 months on count 2, consecutive. The court assessed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $30 criminal conviction assessment on each count, totaling $60 (Gov. Code, § 70373), and a $40 court operations assessment for each conviction, totaling $80. (Pen. Code, § 1465.8, subd. (a)(1).) Appellant was also conditionally subjected to a $300 fine if he is