People v. Perkins CA4/2

Filed 2/8/16 P. v. Perkins CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E064250

v. (Super.Ct.No. FSB1501128)

MICHAEL PERKINS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Steve Malone,

Judge. Affirmed.

Kendall Dawson Wasley, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Michael Perkins was charged by felony complaint with

battery on a nonprisoner by a prisoner (Pen. Code,1 § 4501.5, count 1) and possession

of a wireless communication device in a local correctional facility (§ 4575, subd. (a),

count 2). It was also alleged that defendant had three prior strike convictions.

(§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) On June 9, 2015, the court added

count 3, resisting an officer (§ 69), on motion by the People. Pursuant to a plea

agreement, defendant pled no contest to count 3. The parties stipulated that the police