People v. McDowell CA4/2

Filed 8/12/16 P. v. McDowell 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E064586

v. (Super.Ct.No. RIF1403740)

JONATHAN DEWITT MCDOWELL, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Edward D. Webster,

Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant

to art. VI, § 6 of the Cal. Const.) Affirmed.

Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

FACTUAL AND PROCEDURAL HISTORY

A. PROCEDURAL BACKGROUND

On October 17, 2014, an information charged defendant and appellant Jonathan

Dewitt McDowell with felony vandalism under Penal Code section 594, subdivision

(b)(1) (count 1); resisting arrest under Penal Code section 148, subdivision (a)(1) (count