People v. Smith CA3

Filed 6/8/23 P. v. Smith CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C096481

Plaintiff and Respondent, (Super. Ct. Nos. 18CF07515, 19CF02557) v.

KYLE SHANE SMITH,

Defendant and Appellant.

After defendant Kyle Shane Smith was found in violation of probation in two cases, the court sentenced him in each case to a term of imprisonment to be served consecutively to a sentence imposed in a third case. Defendant seeks to appeal the ruling on the violation of probation and the sentence in one of the three cases. We affirm. FACTUAL AND LEGAL BACKGROUND In November 2018, in Butte County Superior Court case No. 18CF07515 (case No. 7515), defendant was charged with several offenses stemming from a domestic dispute he had with his wife. Defendant failed to appear for the arraignment in this case,

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and a warrant was issued. In April 2019, in Butte County Superior Court case No. 19CF02557 (case No. 2557), defendant was charged with felony failure to appear (Pen. Code, § 1320, subd. (b))1 with a special allegation that he was on bail in case No. 7515 at the time (§ 12022.1). In June 2019, in case No. 7515, defendant pled no contest to injuring a spouse (§ 273.5, subd. (a); count 1), cruelty to a child by endangering health (§ 273a, subd. (b); counts 2-4), and disobeying a domestic relations court order (§ 273.6, subd. (a); counts 5- 6). The same day, in case No. 2557, he pled no contest to failing to appear in court (§ 1320, subd. (b)) and admitted the allegation that he committed the offense while he was released from custody on bail in case No. 7515 (§ 12022.1). On July 11, 2019, the court suspended imposition of sentence on both cases and granted two years of probation in each of the above cases. In August 2020, the prosecution filed a petition alleging defendant had violated condition No. 5 of his probation, possession of alcohol, in each case. In April 2022, in Butte County Superior Court case No. 20CF04001 (case No. 4001), defendant was convicted of violating section 288.7 and sentenced to 15 years to life.2 On June 8, 2022, following an evidentiary hearing on the probation violation petition, the trial court found that defendant violated his probation by possessing alcohol. The court resentenced defendant to 15 years to life in case No. 4001 and designated the conviction under section 288.7 as the principal term. In case No. 7515, the court denied further probation and imposed a consecutive two-year low term in state prison for violating section 273.5 in count 1. The court further imposed concurrent terms of six