People v. Harris CA5

Filed 6/16/21 P. v. Harris CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F081021 Plaintiff and Respondent, (Kern Super. Ct. No. BF175085A) v.

DEVON DANTE HARRIS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. H.A. Staley (Retired Judge of the Kern Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.); Barbara Lane (Retired Judge of the Ventura Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.); Collette M. Humphrey; and Charles R. Brehmer, Judges.† Erica L. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J. † Judge Staley presided over the motion to set aside the information; Judge Humphrey presided over the arraignment; Judge Lane presided over the preliminary hearing; and Judge Brehmer presided over the motion to amend the information and the sentencing hearing.

INTRODUCTION Appellant and defendant Devon Dante Harris pleaded no contest to an assault charge for a term of four years in prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 At 4:42 a.m. on December 30, 2018, Deputy Santos of the Kern County Sheriff’s Department responded to a residence and spoke with J.R. (the victim). The victim reported that she had been sleeping in a bedroom that night. Her cousin slept on the floor, and defendant was sitting in a nearby chair watching television. The victim said defendant was a family friend, and they were not in an intimate relationship. The victim reported that she woke up at 3:00 a.m. and defendant was sitting on the side of her bed, and she went back to sleep. She woke up at 4:00 a.m., and defendant was kneeling behind her on the bed and attempting to perform an act of sodomy on her. She discovered her shorts had been lowered to expose her body. The victim said she punched defendant in the face multiple times, left the bedroom, and told her family what had happened. Defendant fled before the deputy arrived. The charges On January 7, 2019, a felony complaint was filed in case No. BF175085A, charging defendant with count 1, sodomy of an unconscious person (§ 286, subd. (f)); and count 2, sodomy by force or duress (§ 286, subd. (c)(2)(A)), with prior conviction allegations. On the same day, the court issued a criminal protective order that prohibited defendant from having contact with the victim.