People v. Lim CA2/4

Filed 6/30/21 P. v. Lim CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B307209

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA480707) v.

HOU LIM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lauren Weis Birnstein, Judge. Affirmed. Laura R. Sheppard, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant was sentenced to probation for spitting on a custodial officer while incarcerated, and ordered to obey all laws as a condition of his probation. The trial court later found appellant violated this condition by committing a trespass, and sentenced appellant to three years imprisonment. On appeal, his appointed counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende), asking this court to independently review the record for error. Having done so, we affirm.

BACKGROUND A. Probation Sentence In December 2019, the People charged appellant with a battery by gassing upon Los Angeles County Sheriff’s Department Deputy Young Ko, in violation of Penal Code section 243.9, which defines “‘gassing’” to include intentionally causing human bodily fluid to be thrown or placed upon the person of another. At the preliminary hearing, Deputy Ko testified that in July 2019, in response to a report that appellant was causing a disruption in the Twin Towers Correctional Facility, he escorted appellant back to his cell. En route to his cell, appellant said “‘Fuck you, man. I’m gonna write you up,’” and spat saliva upon Deputy Ko’s face. A pre-plea probation report stated that appellant’s criminal record indicated he had “‘severe psychiatric problems.’” A 2017 prosecution for attempted robbery had