People v. Sevior CA2/4

Filed 6/22/16 P. v. Sevior CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B266100 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. 5PH04344-01)

v.

SHANN SEVIOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline H. Lewis, Judge. Affirmed. Lisa M. Sciandra, 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, Senior Assistant Attorney General, Shawn McGahey Webb and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Shann Sevior challenges an order revoking his parole, contending there is insufficient evidence to support the trial court’s finding that he had engaged in criminal conduct. We affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND In 1989, appellant suffered a conviction for first degree murder (Pen. Code, § 187), and was sentenced to a prison term of 27 years to life. In February 2014, he was released on parole under the supervision of the Division of Adult Parole Operations (Division) of the California Department of Corrections and Rehabilitations (DCR). Among the conditions imposed on his parole was the requirement that he “not engage in conduct prohibited by law (state, federal, county, or municipal).” On June 10, 2015, the Division filed a petition for the revocation of appellant’s parole, charging that appellant had engaged in domestic violence (Pen. Code, § 273.5) and absconded parole supervision. The petition alleged the following facts: On April 19, 2015, shortly after midnight, Orange County Sheriff’s Department deputy sheriffs responded to a disturbance call relating to a residence in Anaheim. Upon arriving, they talked to Erika Logan, who identified herself as appellant’s girlfriend. Logan said that she was asleep in her room when she heard appellant yell, “Who is this?” She followed appellant outside her residence, where she saw Christopher Cooper, her daughter’s boyfriend, standing near Cooper’s parked car. Logan realized that appellant was angry at Cooper because his car was blocking the driveway, and believed that appellant intended to assault Cooper. Logan tried to restrain appellant, who pushed her away, and then pushed Cooper’s face back with his hands. In an effort to separate appellant from