People v. Locke CA2/5

Filed 10/16/20 P. v. Locke CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B305574

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. MA077072)

v.

BENNIE TYRONE LOCKE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shannon Knight, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

Defendant and appellant Bennie Tyrone Locke appeals from a probation revocation order. We affirm the order. In September 2019, defendant pled no contest to a felony charge of willfully inflicting corporal injury on his girlfriend (victim) within seven years of a prior conviction for a similar offense (Pen. Code, § 273.5, subd. (f)(1)).1 The trial court suspended the imposition of sentence and placed defendant on formal probation for five years, subject to terms and conditions, including a 10-year criminal protective order providing defendant not associate with, and stay 100 yards away from, victim. On November 13, 2019, defendant was charged in a new case, which initiated probation revocation proceedings. A formal revocation hearing was held on January 31, 2020. Los Angeles County Deputy Sheriff William Justice testified that victim called the police to say that she had a restraining order against her former boyfriend and he was attempting to enter her residence. Deputy Justice arrived around 1:00 a.m. on November 10, 2019, saw defendant on the sidewalk walking away from victim’s address, and detained him. Defendant spontaneously stated that he was just there trying to talk to his girlfriend. Deputy Justice could see victim in her doorway, approximately 50 yards away from where defendant was located when Deputy Justice first saw him. Deputy Justice spoke to victim and verified her identity against her I.D. card. The court took judicial notice