People v. Harper CA2/1

Filed 6/21/22 P. v. Harper CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B315199

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA151208) v.

DEANDRE HARPER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lynn D. Olson, Judge. Dismissed. Rachael A. Robinson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

In this appeal from a judgment following a probation violation hearing, appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating that counsel has not been able to identify any arguable issues on appeal. This appeal is not subject to Wende review because it is not an appeal from the judgment of conviction. (People v. Cole (2020) 52 Cal.App.5th 1023, 1034, review granted Oct. 14, 2020, S264278.) We therefore dismiss the appeal. (See People v. Blanchard (2019) 43 Cal.App.5th 1020, 1026.)

BACKGROUND On July 20, 2020, defendant Deandre Harper pleaded no contest to a charge of burglary under Penal Code section 459. The trial court sentenced him to 11 years, suspended execution of sentence, and placed him on formal probation for five years. One condition of that probation was to “obey all laws . . . .” Less than a year later, on June 22, 2021, defendant was arrested for willful infliction of corporal injury (Pen. Code, § 273.5, subd. (a)) and criminal threats (id., § 422, subd. (a)) following a domestic violence incident with his girlfriend, C.S. On July 8, 2021, the trial court revoked defendant’s probation and issued a bench warrant. Defendant appeared on July 13, 2021. The trial court held a parole violation hearing on August 10, 2021. The People called C.S. as a witness. C.S. testified that at the time of the domestic violence incident she had been dating defendant for about three years. On the night in question, she and defendant were arguing about her suspicions that he was cheating on her. Defendant slapped and punched her in the face multiple times. When she fell to the floor, he kicked her in the head and stomach. He screamed at her to get out of