People v. Byrd CA5

Filed 2/29/24 P. v. Byrd CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086152 Plaintiff and Respondent, (Super. Ct. No. F22901308) v.

EVAN BYRD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Monica R. Diaz, Judge. Larenda R. Delaini, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Peña, J. and DeSantos, J.

Counsel for defendant Evan Byrd submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), asking this court to conduct an independent review of the record on appeal. Although we offered defendant the opportunity to present his own brief by way of a letter, he has not responded. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Consistent with our Supreme Court’s direction in Kelly, we provide a description of the relevant facts and the procedural history of this case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL AND FACTUAL SUMMARY On March 2, 2022, a criminal felony complaint was filed charging defendant with assault with a firearm (Pen. Code,1 § 245, subd. (a)(2), a felony; count 1), false imprisonment by violence (§ 236, a felony; count 2), unlawful possession of an assault weapon (§ 30605, subd. (a), a felony; count 3), and possession of marijuana for sale (Health & Saf. Code, § 11359, subd. (b), a misdemeanor; count 4). Count 1 further alleged an enhancement for the use of a firearm, a handgun (§ 12022.5, subd. (a)). The complaint also provided notice of the prosecution’s intent to admit evidence of defendant’s other acts of domestic violence, including any domestic violence convictions. Defendant pled not guilty to each count and denied all enhancements and prior convictions at his arraignment held on March 4, 2022. On the same day, a criminal protective order pursuant to section 136.2 (domestic violence) was filed against defendant. The allegations in counts 1 and 2 involved a fight defendant had with H.C. (the victim), who was his girlfriend in December 2021. At the time of his arrest, defendant