People v. Higginson CA2/3

Filed 2/26/21 P. v. Higginson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B301820

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA075715) v.

THEODORE RONALD 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 Ronald Higginson pled no contest to violation of Penal Code section 422, subdivision (a).1 We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND2 Porschea Alley and Higginson had dated for seven years and had an infant daughter together. They broke up in October 2018. In February 2019, Alley was dating someone else. At approximately 1:00 a.m. on February 15, 2019, Alley and Higginson were outside Alley’s apartment, talking. According to Alley’s statements to a police officer after she called 911 the next afternoon, she and Higginson argued. He shouted, “ ‘Bitch, let me get my daughter,’ ” and threatened to kill her. He started his car and drove toward her. She had to jump out of the way to avoid being hit, and the car came within five feet of her. Alley believed Higginson was going to hit her with the car. At the preliminary hearing, Alley testified that she and Higginson had been arguing because he wanted to take their newborn daughter to his residence. Alley refused, because she disliked a woman who was at his home that evening. She falsely reported that Higginson threatened her and tried to run her over. She “wanted to put him in jail because [she] was upset that he had this girlfriend.” In an information filed on March 26, 2019, Higginson was charged with assault with a deadly weapon, a vehicle (§ 245, subd. (a)(1), count 1) and making a criminal threat (§ 422,