People v. Weil CA2/8

Filed 2/25/21 P. v. Weil CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B304673

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA148173) v.

DEVANTE WEIL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed in part and reversed in part. Alice Tavoukjian, 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, Michael Pulos, Supervising Deputy Attorney General, and Britton B. Lacy, Deputy Attorney General, for Plaintiff and Respondent.

____________________ Devante Weil and the People agree we should strike a criminal protective order requiring Weil to stay away from Jorge O. We agree and strike the order. Undesignated statutory citations are to the Penal Code. I For about two weeks, Weil was hanging around near a dental clinic and event hall where Jorge worked. Jorge occasionally gave him leftover food from events and once gave him paid work. On a cold night in February 2019, Jorge allowed Weil to sleep in the lobby of the dental clinic. He told Weil to keep the room clean, to take out the trash, and not to let anyone else inside. The next day, Jorge arrived at the clinic to find a drug pipe and trash in the lobby and “the place smelled very bad.” Weil had let other people inside, and two compressors were missing from the clinic. Jorge asked Weil to leave. Weil refused and became aggressive. To diffuse the situation, Jorge offered to take Weil to Home Depot with him to buy cleaning supplies to clean up the office. Weil agreed. They left the clinic and Jorge locked the doors behind them. The pair walked to Jorge’s truck, but Jorge got in the driver’s side and did not unlock the passenger’s side door for Weil. When Weil realized Jorge would not open the door for him, he hit the truck and jumped into the truck bed. Jorge drove to Home Depot with Weil in the truck bed, hoping to run into police on the way. Once they arrived, Weil stayed outside while Jorge bought supplies and hired two day laborers to help clean up the clinic. When Jorge emerged with