People v. Simpson CA2/8

Filed 5/5/16 P. v. Simpson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262752

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA059626) v.

WAYNE ROBERT SIMPSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lisa M. Chung, Judge. Affirmed.

Law Offices of David M. Wallin and Andrew J. Tan, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.

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Wayne Robert Simpson’s grant of probation in the underlying case of committing a lewd act upon a child was revoked by the trial court upon a showing he violated the conditions of probation by receiving stolen goods, namely seven plastic boxes owned by Rite-Aid Corporation. Simpson challenges the judgment on the grounds of insufficiency of the evidence, abuse of discretion, and cruel and unusual punishment. We affirm the judgment. FACTS Simpson pled no contest to committing a lewd act upon a child in violation of Penal Code section 288, subdivision (a)1. On May 29, 2014, he was sentenced to eight years in state prison, but execution of the sentence was suspended pursuant to a plea agreement. As a result, he was placed on five years formal probation on the condition he serve 365 days in Los Angeles County Jail. Simpson was released for time served2 and ordered to report to the probation officer in the Antelope Valley. As further conditions of his probation, Simpson was ordered to “obey all laws and orders of the court” as well as “all rules and regulations of the probation department.” He was also subject to various fines and assessments, including $300 to the Department of Justice Sexual Offender Program, a $2,400 restitution fine, and restitution to the victim. Deputies from the Los Angeles County Sheriff’s Department conducted a probation compliance search at Simpson’s residence on October 16, 2014. They discovered seven plastic boxes, each marked, “Property of Rite-Aid Corp. Unauthorized possession, use or disposition may be subject to prosecution.” On November 21, 2014, an information was filed, which alleged Simpson received stolen property in violation of section 496, subdivision (a), “[o]n or between December 18, 2012 and October 16, 2014[.]”