People v. Carter CA2/8

Filed 8/12/15 P. v. Carter CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257959

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. LA071783 & v. LA074506)

DEAN ANTHONY CARTER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Martin L. Herscovitz, Judge. Affirmed.

William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Noah P. Hill and Jessica C. Owen , Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Dean Anthony Carter appeals from the July 2, 2014 order of the court terminating his probation in case Nos. LA071783 and LA074506 and imposing an aggregate state prison sentence of three years eight months. Defendant contends there is insufficient evidence supporting the court’s determination he violated the terms of his probation. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant is required to register as a sex offender pursuant to Penal Code section 290 because of a 1994 conviction. In August 2012, in case No. LA071783, defendant was charged, by felony complaint, with three counts of violating the sex offender registration statutes: two counts of failure to register (§ 290, subd. (b); counts 1 & 3), and one count of failure to update annual registration (§ 290.012, subd. (a); count 2). It was also specially alleged defendant had suffered two prior prison term convictions within the meaning of section 667.5, subdivision (b), and one prior felony conviction that qualified as a strike under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Defendant entered into a plea agreement in which he pled no contest to count 1. The court found a factual basis for the plea and accepted defendant’s plea and waivers. On October 4, 2012, the court suspended imposition of sentence and placed defendant on three years of formal probation. One of the terms of defendant’s probation was to obey all laws, orders of the court and rules and regulations of the probation department. Pursuant to the terms of the plea, the court dismissed counts 2 and 3. On March 13, 2013, defendant’s probation in case No. LA071783 was revoked, defendant stipulated in open court to a violation, and the court reinstated probation on the same terms and conditions.