People v. Harper

• Decision Date: 21 June 2022
• Docket Number: B315199
• Parties: THE PEOPLE, Plaintiff and Respondent, v. DEANDRE HARPER, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

THE PEOPLE, Plaintiff and Respondent,
v.
DEANDRE HARPER, Defendant and Appellant.

B315199

California Court of Appeals, Second District, First Division

June 21, 2022

NOT TO BE PUBLISHED

Order Filed Date 7/7/22

APPEAL from an order of the Superior Court of Los Angeles County, No. TA151208 Lynn D. Olson, Judge. Dismissed.

Rachael A. Robinson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

THE COURT:

The opinion filed June 21, 2022, is modified as follows:

On page 2 of the opinion, in the first sentence of the third paragraph of the Background section, the word "parole" is replaced with "probation."

On page 3 of the opinion, in the third sentence of the first full paragraph, the word "parole" is replaced with "probation."

1

There is no change in judgment. The petition for rehearing filed July 5, 2022 is denied.

2

BENDIX, Acting P. J.

3

In this appeal from a judgment following a probation violation hearing, appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating that counsel has not been able to identify any arguable issues on appeal. This appeal is not subject to Wende review because it is not an appeal from the judgment of conviction. (People v. Cole (2020) 52 Cal.App.5th 1023, 1034, review granted Oct. 14, 2020, S264278.) We therefore dismiss the appeal. (See People v. Blanchard (2019) 43 Cal.App.5th 1020, 1026.)

BACKGROUND

On July 20, 2020, defendant Deandre Harper pleaded no contest to a charge of burglary under Penal Code section 459. The trial court sentenced him to 11 years, suspended execution of sentence, and placed him on formal probation for five years. One condition of that probation was to "obey all laws . . . ."

Less than a year later, on June 22, 2021, defendant was arrested for willful infliction of corporal injury (Pen. Code, § 273.5, subd. (a)) and criminal threats (id., § 422, subd. (a)) following a domestic violence incident with his girlfriend, C.S. On July 8, 2021, the trial court revoked defendant's probation and issued a bench warrant. Defendant appeared on July 13, 2021.

The trial court held a parole violation hearing on August 10, 2021. The People called C.S. as a witness. C.S. testified that at the time of the domestic violence incident she had been dating defendant for about three years. On the night in question, she and defendant were arguing about her suspicions that he was cheating on her. Defendant slapped and punched her in the face multiple times. When she fell to the floor, he kicked her in the head and stomach. He screamed at her to get out of

4

the house and dragged her by her feet. He said if she did not leave he would hurt or kill her. He also choked her with both hands and bit her on the arm. The People offered photographs showing C.S.'s bruised face.

Defendant chose not to testify. Defense counsel argued that C.S. lacked credibility, and that her testimony suggested she was physically assaulting defendant as well. Counsel requested that if the court found a parole violation, that it impose a reasonable county jail sentence and reinstate probation while defendant fought the domestic violence charges against him.

The trial court...