People v. Higginson CA2/3

Filed 12/8/20 P. v. Higginson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B301825

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA071820) v.

THEODORE HIGGINSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

Pursuant to a negotiated plea, defendant and appellant Theodore Higginson pled no contest to violation of Penal Code section 245, subdivision (a)(4).1 After he violated the terms of his probation, the trial court imposed the agreed-upon term of three years in prison. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND2 On the morning of June 27, 2017, Higginson, armed with a gun, pounded on the windows of Lenntine Futch’s house. He threatened to “knock out [her] windows” and “come in there and fuck all of you all up.” Higginson had previously attempted to hurt Futch and her nephew. Futch was afraid for her life. On the evening of July 27, 2017, Richard Williams was walking near an intersection in Lancaster when Higginson, driving a sport utility vehicle, sped towards him. Williams jumped out of the way to avoid being hit by the car. Higginson then threatened Williams, saying, “I’m gonna beat you up, mother fucker.” Williams took off running, and Higginson said, “I’m going to kill you.” In an information filed on September 22, 2017, Higginson was charged with making criminal threats against Futch while armed with a firearm (§§ 422, subd. (a), 12022, subd. (a)(1), count 1) and assault with a deadly weapon against Williams (§ 245, subd. (a)(1), count 2). The information alleged, as to both offenses, that Higginson had suffered two prior serious or violent