People v. Spears CA1/3

Filed 8/3/21 P. v. Spears CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A161304 v. DOMINIC EMANUEL SPEARS, (Solano County Defendant and Appellant. Super. Ct. No. FCR338966)

Defendant Dominic Emanuel Spears, also known as Demetrus Elijah Spears, appeals from a judgment imposing a two-year prison sentence following a no contest plea. Counsel for defendant has filed an opening brief in which she raises no issues and asks this court for an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel informed defendant of his right to submit a supplemental brief and he has not filed one. We have conducted the review and, finding no arguable issues to be briefed, affirm the judgment. BACKGROUND1 On July 11, 2018, defendant stole various items from a convenience store. When an employee attempted to stop defendant from leaving, defendant repeatedly punched the employee in the face.

1 We take the facts from the probation report.

1

Defendant was charged with second degree robbery (Pen. Code, § 211 [count 1]),2 assault by means likely to produce great bodily injury (§ 245, subd. (a)(4) [count 2]), and petty theft (§§ 484, subd. (a), 490.2 [count 3]). On September 20, 2018, defendant waived his right to counsel and pleaded no contest to second degree robbery (count 1) in exchange for dismissal of the remaining counts and a promise of probation. On October 19, 2018, the trial court granted defendant’s motion to withdraw his plea on the grounds that the complaining witness had been arrested for pepper spraying a customer; this information was relevant to defendant’s claim that he assaulted the employee in self-defense. On December 19, 2018, defendant pleaded no contest to assault by means likely to produce great bodily injury (count 2) in exchange for the dismissal of counts 1 (second degree robbery) and 3 (petty theft) with a waiver under People v. Harvey (1979) 25 Cal.3d 754 and a promise of probation. The trial court suspended imposition of sentence and placed defendant on formal probation for three years. On June 6, 2019, the trial court granted probation’s request to revoke defendant’s probation for failure to report as ordered and issued a bench warrant for his arrest. On December 31, 2019, defendant admitted the violations as alleged. The trial court reinstated defendant on probation subject to certain modifications. On July 13, 2020, the trial court granted the prosecution’s request to revoke probation for defendant’s failure to obey the law based on his arrest for four misdemeanor violations (§§ 243, subd. (d), 594, subd. (a), 273a, 1203.2.)