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File 6/23/22 P. v. Holmes CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B314068

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA119633) v.

MARCUS HOLMES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Respondent. ___________________________

Marcus Holmes appeals his convictions for two counts of injuring a spouse/girlfriend, assault with a deadly weapon, and misdemeanor vandalism. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which no issues were raised. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant and S.M. were in a dating relationship. On November 16, 2018, the couple got into an argument and defendant accused S.M. lying about talking to her mother on the phone. Defendant initially tussled with S.M. in an effort to obtain her cell phone. During the struggle, defendant choked S.M. and hit her in the mouth. Two days later, on November 18, defendant accused S.M. of cheating. Defendant charged at S.M., choked her, slapped her in the face, punched her in the ear, and kicked her in the chest after she had fallen on the floor. Defendant took S.M.’s cell phone and left. S.M. called her mother; her mother and her mother’s boyfriend came over to S.M.’s apartment. Defendant then returned, and started pounding on S.M.’s front door. When the mother’s boyfriend answered the door and asked defendant to return S.M.’s cell phone, defendant pulled out a knife and came toward the boyfriend with his arm extended (the boyfriend was not injured). Before leaving, defendant spit in the mother’s face and threw a brick through the front window of S.M.’s apartment. On September 11, 2019, the People charged defendant in a four-count information with: two counts of injuring a spouse/girlfriend, assault with a deadly weapon (the knife attack on mother’s boyfriend), and misdemeanor vandalism (throwing a brick through S.M.’s window). The information also alleged