P. v. Smith CA2/2

Filed 5/13/13 P. v. Smith CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B239352

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA068215) v.

VICTOR EUGENE SMITH,

Defendant and Appellant.

THE COURT:*

Appellant Victor Eugene Smith appeals from an order revoking his probation, following an admission of violation, and executing a previously suspended prison term.

BACKGROUND The following facts regarding the charged incidents are taken from the probation report. On November 25, 2005, Los Angeles Police Department officers responded to a residence on West 210th Street following the report of a man with a gun. Officers heard a woman scream “Help” from inside the house. The front door burst open and a female ran outside, closely followed by appellant. The female pointed to appellant and stated, “That‟s him, please help me.” Appellant was taken into custody. The female victim

* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J.

reported that over the course of the previous four weeks, appellant had assaulted her on two occasions, threatened her with a gun, prevented her from leaving the house to go to work, and prevented her from calling the police. The first assault in which appellant struck the victim with a closed fist resulted in the victim requiring 18 stitches to her mouth. The victim sustained bruising as a result of the second assault in which appellant struck her head and left eye. Appellant provided a false name to the police officers following his arrest. On October 25, 2006, appellant pled no contest to corporal injury on a cohabitant and admitted a great bodily injury enhancement (Pen. Code, §§ 273.5, subd. (a), 12022.7 (count 1));1 corporal injury on a cohabitant (§ 273.5, subd. (a) (count 2)); making criminal threats (§ 422 (count 3)); dissuading a witness by force or threat (§ 136.1, subd. (b)(1) (count 4)); false imprisonment by violence (§ 236 (count 5)); and false identification to a police officer (§ 148.9, subd. (a) (count 6)). Appellant also admitted a prior conviction for battery upon a cohabitant (§ 243, subd. (e)(1)). The trial court sentenced appellant to an aggregate state prison term of 11 years 10 months, but suspended execution of sentence and placed appellant on formal probation for five years under various terms and conditions. In December 2009, the probation department filed a petition for arraignment on a probation violation. Probation was revoked when appellant failed to appear at the hearing on February 8, 2010. On March 23, 2010, the court reinstated probation and extended the period of probation by one year to December 7, 2012. Appellant failed to appear at 8:30 a.m. on December 6, 2010, for a progress report hearing. The court summarily revoked probation and issued a no-bail bench warrant. Appellant was taken into custody when he showed up at 9:15 a.m. At a probation violation hearing on December 8, 2010, appellant admitted to an unspecified violation. Probation was revoked and then reinstated with a new requirement that appellant provide 60 days of community service to Caltrans. The court ordered appellant back on June 8, 2011, and