People v. Covington CA5

Filed 8/17/20 P. v. Covington CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F078549 Plaintiff and Respondent, (Super. Ct. No. 15472) v.

AARON ROBERT COVINGTON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Mariposa County. F. Dana Walton, Judge. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Christopher J. Rench, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Smith, J. and Snauffer, J.

INTRODUCTION Appellant Aaron Robert Covington was found guilty of dissuading a witness, a wobbler offense. The trial court declared the offense a felony but imposed a misdemeanor sentence. Covington appealed and filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. The People appealed, challenging the imposition of a misdemeanor sentence for a felony conviction as an abuse of discretion. We remand for resentencing. FACTUAL AND PROCEDURAL SUMMARY Covington’s mother testified she lived in a mobile home in Mariposa County. On December 24, 2016, she went to work near Yosemite and stayed several days, returning on December 28. Upon her return home, she found two of her TiVo’s were missing, the frame to her bedroom door had been removed, and the contents of several boxes had been disturbed. Later in the day on December 28, Covington entered the mobile home uninvited. Mother asked Covington where her TiVo’s were, and he told her he threw them away. Covington saw mother looking at her cell phone, grabbed the phone, and removed the battery. Covington demanded mother give him $2,000, claiming people were trying to kill him. Mother refused and Covington pushed her. When Covington went into the bedroom, mother plugged in her cell phone and dialed 911. Mother hoped the call would go through and the operator would hear the commotion. She left the phone in the living room and went to the bedroom. Covington went through mother’s purse and took all the cash and what he thought was a debit card. When he demanded the PIN from mother, she told him she only used the card to enter the bank. He slapped her. Covington left the bedroom and returned to the living room. He saw the cell phone, grabbed it and broke it in half. Covington then left through the back door.