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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080893/F081136 Plaintiff and Respondent, (Consolidated)

v. (Kern Super. Ct. No. BF171027C)

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.) 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 hearing on the revocation of probation; Judge Brehmer presided over the plea hearings, admission hearing, and the sentencing hearing.

INTRODUCTION Appellant and defendant Devon Dante Harris pleaded no contest to residential burglary and was placed on probation. He violated probation and was sentenced to 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. FACTS Around 3:00 a.m. on January 23, 2018, officers from the Bakersfield Police Department responded to a robbery dispatch at a residence.1 When they arrived, they saw defendant, Joshua Soto (Soto), and Erin Michelle Wright (Wright) running from the residence and took them into custody. The officers contacted the resident, who reported he woke up to find the three suspects inside the house and going through his belongings. The resident identified defendant as his nephew and said he had previously seen Wright. The resident said Soto threatened to kill him and indicated he had a gun. The suspects left with four tires and rims that the resident had purchased from Wright the prior night. The resident said he locked the door after they left, but defendant and Soto returned and kicked down the door. Defendant watched while Soto held the resident down on the bed with his arm around his throat. Soto took the resident’s cell phone and keys to the house and car, and they again fled. The resident positively identified defendant, Soto, and Wright, and they were found in possession of his property that they took from the residence that night.