People v. Sims
| Court | California Court of Appeals |
| Decision Date | 09 December 2020 |
| Docket Number | E075159 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. MARSHALL ALLEN SIMS IV, Defendant and Appellant. |
THE PEOPLE, Plaintiff and Respondent,
v.
MARSHALL ALLEN SIMS IV, Defendant and Appellant.
E075159
COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
December 9, 2020
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. FSB17003182)
OPINION
APPEAL from the Superior Court of San Bernardino County. Dwight W. Moore, Judge. Affirmed.
Lisa A. Kopelman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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In October 2017, defendant and appellant Marshall Allen Sims IV pleaded guilty to assault by means of force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4)). Defendant was thereafter placed on formal probation for a period of three years on various terms and conditions of probation. During the three-year period, defendant violated his probation several times. Ultimately, in March 2020, following a contested violation of probation hearing, the trial court found true that defendant violated the terms of his probation. Thereafter, pursuant to an agreement, the court reinstated defendant's probation and sentenced him to 365 days in county jail. Defendant appeals from the trial court's judgment finding he violated his probation. Based on our independent review of the record, we find no arguable issue and affirm the judgment.
In August 2017, during a verbal argument, defendant choked his wife to the point where she became unconscious. He then threw his wife on the floor and threatened to kill her. Defendant's wife was afraid for her life and believed defendant would kill her. Defendant was subsequently arrested and denied choking or assaulting his wife.
On August 22, 2017, a felony complaint was filed charging defendant with willfully inflicting corporal injury on a spouse (§ 273.5; subd. (a); count 1) and making
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criminal threats (§ 422, subd. (a); count 2). The complaint also alleged that in the commission of count 1, defendant personally inflicted great bodily injury upon Jane Doe (§ 12022.7, subd. (e)).
On October 23, 2017, defendant pleaded guilty to the added count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). In return, the remaining charges and allegations were dismissed and defendant was placed on formal probation for a period of three years on various terms and conditions of probation.
On April 20, 2018, a petition to revoke defendant's probation was filed. The petition alleged that defendant failed to keep his probation officer informed of his place of residence and that defendant failed to report to his probation officer as directed. On this same day, the trial court revoked defendant's probation and issued a no bail bench warrant for defendant's arrest. Defendant was arrested on the warrant on May 18, 2018.
On June 20, 2018, defendant admitted to violating his probation by failing to report to probation as directed. The trial court thereafter reinstated defendant on probation to expire December 22, 2020, with modified terms and conditions, including serving 270 days in county jail with credit for time served.
On September 10, 2018, another petition to revoke defendant's probation was filed. The petition alleged that defendant failed to (1) cooperate with his probation officer and follow all reasonable directives of his probation officer; (2) keep his probation officer informed of his place of residence; and (3) report to his probation officer as directed. The probation officer noted that this was the second time defendant had
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absconded from the probation department, his current whereabouts were unknown, and he had an extensive criminal history. On this same date, the trial court revoked defendant's probation and issued a no bail bench warrant for defendant's arrest. Defendant remained a fugitive until his arrest on the warrant on December 23, 2018.
On February 22, 2019, defendant admitted to violating his probation. In exchange, the trial court suspended imposition of a four-year prison sentence and reinstated defendant on probation to expire June 5, 2021, with modified terms and conditions, including serving 365 days in county jail with credit for time served.
On October 18, 2019, a third petition to revoke defendant's probation was filed, again alleging defendant failed to cooperate with his probation officer, keep his probation officer informed of his place of residence, and report to probation as directed. On this same day, the trial court revoked defendant's probation and issued a no bail bench warrant for defendant's arrest. Defendant remained a fugitive until December 6, 2019.
A formal probation revocation hearing was held on March 13, 2020. At that time, the trial court heard testimony from defendant's probation officer Brenda Campabasso, defendant, and defendant's wife. In pertinent part, Campabasso testified that she was defendant's assigned probation officer, that she had personally met defendant, and that she was familiar with defendant's probation file. Campabasso stated that defendant had reported to the probation department on May 21, 2019, at which time he was directed to report back to probation on August 13, 2019, for an office visit. However, defendant did not appear at the probation department on that date.
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On June 6, 2019, Campabasso conducted a home compliance check at an address on West 28th Street provided by defendant. Defendant was not present at the West 28th Street address. While at the address, Campabasso spoke with a man named "Leroy," who stated defendant did not live at the address. Campabasso thereafter...
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