People v. Gales CA4/1

Filed 9/1/20 P. v. Gales CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076347

Plaintiff and Respondent,

v. (Super. Ct. No. JCF38005)

LAWRENCE GALES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Marco D. Nunez, Judge. Affirmed. Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Charles C. Ragland, Alana Butler, and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION On October 31, 2017, Lawrence Gales, pled no contest to hit and run driving resulting in serious injury or death in violation of the Vehicle Code section 20001, subdivision (b)(2) in Imperial County Superior Court. Gales was granted three years of formal probation and specifically directed to obey all laws. On April 11, 2019, the probation department filed a petition for revocation of Gales’s probation, alleging that Gales failed to obey all laws.

The petition alleged Gales committed attempted murder (Pen. Code,1 §§ 664/187, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), criminal threats (§ 422, subd. (a)), and corporal injury to a cohabitant (§ 273.5, subd. (a)). On May 15, 2019, a contested probation revocation hearing resulted in the trial court finding, by a preponderance of the evidence, that Gales had committed assault with a deadly weapon (§ 245, subd. (a)(1)) and corporal injury to a cohabitant (§ 273.5, subd. (a)). On July 22, 2019, the court sentenced Gales to the low term of two years in state prison. Gales now appeals, contending the evidence was insufficient to show that he committed assault with a deadly weapon (§ 245, subd. (a)(1)) and corporal injury to a cohabitant (§ 273.5, subd. (a)). We find the evidence was sufficient to support the trial court’s revocation of Gales’s probation and affirm.