People v. Wade CA2/1

Filed 8/14/15 P. v. Wade CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260409

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA075430) v.

GERALD CURTIS WADE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven R. Van Sicklen, Judge. Affirmed. Doreen B. Boxer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record, we affirm the judgment. We provide the following brief summation of the factual and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124 (Kelly).) PROCEDURAL BACKGROUND On December 17, 2012, defendant and appellant Gerald Wade was charged by felony complaint with failure to register upon release, in violation of Penal Code section 290.015, subdivision (a).1 The complaint also alleged that Wade had suffered a prior conviction within the meaning of sections 1170.12, subdivisions (a) through (d), 667, subdivisions (b) through (i), and a prior conviction within the meaning of 667.5, subdivision (b). Wade pleaded guilty, and was placed on formal probation for three years subject to various conditions, including that he not violate the law. Based on allegations made in a confidential probation report, a probation revocation hearing was conducted on October 27, 2014, after which Wade was found to have violated probation. The trial court revoked and reinstated probation, and ordered Wade to serve 176 days in county jail, with credit for 176 days for time served and good conduct. The trial court also ordered Wade not to go within 100 yards of Janette Wells. Wade filed this timely appeal. FACTUAL BACKGROUND On July 31, 2014, Los Angeles Sheriff’s Department (LASD) Deputy Milissa Barron responded to a call at 1355 104th Street, Los Angeles, where she contacted Wade who was holding a suitcase. Deputy Barron also made contact with Janette Wells who was distraught, very emotional and had a bump on her face. As Deputy Barron was transporting Wade he asked if Deputy Barron planned to “get [his] side of the story.” He said he had been defending himself and might have scratches, and that Wells had stabbed him in the past.