People v. Porter CA3

Filed 8/17/21 P. v. Porter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C093178

Plaintiff and Respondent, (Super. Ct. No. 20FE008156)

v.

SUMPTER LOVELLE PORTER,

Defendant and Appellant.

Appointed counsel for defendant Sumpter Lovelle Porter filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm the judgment.

1

FACTS AND HISTORY OF THE PROCEEDINGS In May 2020, Kelly K. was 12 weeks pregnant and working as a program attendant at the Salvation Army in Sacramento. Defendant, a homeless veteran, was a client. Defendant often challenged Kelly when she asked to check his bags before allowing him into the building. On May 17, 2020, Kelly was in her office, behind a window and a locked door, talking on the telephone. Defendant approached her and asked to be let into the building. Kelly told defendant he would have to wait. Defendant “got mad and yelled” at Kelly to “get off the phone, that he’s more important.” Kelly again told him he would have to wait. Defendant called Kelly a “stupid white bitch” and told her that if it was not her “fucking boss on the phone,” she needed to “hang up and deal with him.” He said, “if he could he would grab [her] through the glass by [her] hair . . . and beat [her] . . . ” Kelly told defendant he was being inappropriate; defendant said he “didn’t fucking care.” Kelly told defendant if he did not calm down, he would not be allowed back inside the building that day. Kelly called her supervisor, Christina K., and put her on speakerphone. Christina heard defendant say, “ ‘You fucking bitch. I’m going to fucking kill you. This is all your fault. You fucking bitch.’ ” Kelly sounded scared; Christina told her to call the police and ask them to escort defendant off the premises. After calling the police, Kelly called Christina back. Christina could still hear defendant yelling at Kelly, and she heard what sounded like something hitting a wall or window. Christina again heard defendant say to Kelly, “I am going to kill you, you fucking bitch,” then she heard a loud clapping sound. Christina told Kelly to stay inside the locked office until the police arrived.