People v. Skinner CA2/1

Filed 3/27/23 P. v. Skinner CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B322592

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA128543) v.

KEVIN LASHAWN SKINNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Victor Martinez, Judge. Affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Roberta L. Davis and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. __________________________________

Kevin Lashawn Skinner appeals from a judgment entered after a probation violation hearing at which the trial court revoked his probation and sentenced him to the lower term of three years in prison for the crime of furnishing marijuana to a minor over 14 years of age. He contends the trial court abused its discretion in sentencing him to prison. We disagree and affirm the judgment. BACKGROUND I. Skinner’s Probation A felony complaint, filed on September 21, 2021, charged Skinner with two counts of furnishing marijuana to a minor over 14 years of age. (Health & Saf. Code, § 11361, subd. (b).) As alleged in the complaint, count 1 concerned an incident occurring on or about July 18, 2021 involving minor Amari W. Count 2 concerned an incident occurring on or about July 19, 2021 involving minor Sarai M. Skinner pleaded not guilty to the charges. On December 21, 2021, before a preliminary hearing was held, Skinner changed his plea. The parties stipulated that the complaint be deemed an information. The prosecutor informed Skinner that the offense of furnishing marijuana to a minor over 14 years of age carried a maximum prison sentence of five years. Skinner waived his constitutional rights and pleaded no contest to count 1. Pursuant to a plea deal, the trial court (Judge David C. Brougham) suspended imposition of sentence, placed Skinner on formal probation for two years, and dismissed count 2. The terms and conditions of Skinner’s probation included, but were not limited to: serving 64 days in county jail (with credit for 64 days); completing 30 days of community labor; participating in a 52-week sexual offender management program;