People v. Coleman CA3

Filed 8/19/15 P. v. Coleman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C078570

v. (Super. Ct. No. CRF14808)

MARCELUS EARL COLEMAN,

Defendant and Appellant.

Appointed counsel for defendant Marcelus Earl Coleman asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error that would result in a disposition more favorable to defendant. However, we modify the judgment to increase the domestic violence fee to the statutory minimum. We also order a correction of the order setting forth the terms and conditions of defendant’s probation to reflect the modified domestic violence fee and the domestic violence prevention fee imposed by the trial court. We affirm the judgment as modified.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Defendant and the victim were in an intermittent relationship for approximately eight years, and he was the father of one of the victim’s daughters and of her unborn child. They were not in a relationship on February 16, 2014, when the victim allowed defendant to come to her home to visit his daughter and the victim’s other daughter. He spent the night, and on the evening of February 17, 2014, he called the victim and wanted to return to her home. The victim did not want him to return because they had argued the night before. Nevertheless, she allowed him to return on the evening of February 17, 2014. When defendant arrived, the victim was in her bedroom. Defendant entered her bedroom, and they began to argue. When she refused to let him move back in or to give him a key, he “blew up” and “got upset.” He began strangling her -- placing both hands around her neck and pressing her back onto her bed with his weight on top of her. He maintained his stranglehold for 15 to 20 seconds, during which she felt dizzy and could not breathe. She tried to fight him off and was eventually able to get free, but when she tried to leave the bedroom, defendant blocked her exit. He cornered her in her room, closed her third-floor bedroom window, and spit in her face. She tried to leave the room again, but he closed the door and held the doorknob from the outside so she could not leave. Defendant let her out of the room after a few minutes, and she tried to signal to her daughter to call the police, but her daughter was scared. After they left the bedroom, defendant calmed down a bit, though he kept refusing to leave and insisted he was going to stay there. When defendant was not paying attention, the victim sent a text message to her mother to “call the police and send them to my [the victim’s] house.” The victim’s mother called 911 and asked that officers be dispatched. As officers approached the residence, they could hear a man and woman inside arguing loudly. After listening for a minute, an officer knocked on the door. The