People v. Dennisbellairs CA3

Filed 3/30/22 P. v. Dennisbellairs CA3 Opinion following rehearing NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C093250

Plaintiff and Respondent, (Super. Ct. No. 19CF03920)

v. OPINION ON JOSHUA LOUIS DENNISBELLAIRS, REHEARING

Defendant and Appellant.

Defendant Joshua Louis Dennisbellairs pleaded guilty to violating a domestic relations court order with a prior conviction. After defendant violated his probation a second time, the trial court revoked his probation and sentenced him to the upper term of three years. On appeal, defendant argues the trial court abused its discretion by imposing the upper term. We affirmed the judgment. Defendant filed a petition for rehearing arguing he was entitled to have the matter remanded for the trial court to reconsider his sentence under Senate Bill No. 567 (2021-2022 Reg. Sess.) because he asserts his failure

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to be successful on probation is no longer a proper basis to impose an upper term sentence. We granted that petition, and after briefing, affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The victim, who lived in a Federal Emergency Management Agency trailer at a campground near Lake Oroville, called California’s Department of Parks and Recreation (Parks Department). She reported that three days prior she had been assaulted at her trailer by defendant, her ex-boyfriend, against whom she had a restraining order. According to the victim, defendant showed up at her trailer and said he needed to talk. The victim let defendant inside and he began to beat her. She curled up into a fetal position while defendant struck her head multiple times and kicked her. Defendant remained in the trailer after the assault. He threatened the victim with more violence if she did not stop flinching whenever he came near her. The victim asked defendant to leave, but he said he did not have any gas and did not leave. The victim was unable to report the abuse until she fled from her trailer three days later when the defendant left to ask the neighbors for some marijuana. She then called the Parks Department. When she spoke to the Parks Department, she reported pain in her jaw, nose, head, wrists, and ankles. The responding Parks Department ranger noticed bruising on her wrists and forearms. The victim declined any medical attention. Rangers entered the victim’s trailer and located defendant in the victim’s bedroom. Upon his detention, defendant invoked his right to remain silent. While being transported to jail, defendant asked who had reported he was in the trailer and stated that he had come to the trailer a week prior at the victim’s invitation. Defendant said after he went to the neighbor’s trailer to ask for marijuana, he returned to find a note from the victim stating she went to the Social Security Office and a real estate office.