Opinion
A168373
03-28-2024
THE PEOPLE, Plaintiff and Respondent, v. KEVIN JERMAINE BENJAMIN, Defendant and Appellant.
NOT TO BE PUBLISHED
(Humboldt County Super. Ct. No. 2202746)
BROWN, P. J.
After a jury trial, Kevin Jermaine Benjamin was convicted of one felony count of vandalism (Pen. Code, § 594, subd. (b)(1)) and one misdemeanor count of violating a court order (id., § 273.6, subd. (a)). As to the felony vandalism count, the court suspended imposition of sentence and placed Benjamin on three years of probation with various conditions, including a 52-week batterer's intervention program, 50 hours of community service, and 6 months of electronic monitoring. The court also issued a 10-year protective order and stayed the sentence on the misdemeanor count of violating a domestic violence restraining order pursuant to Penal Code section 654.
Benjamin's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) summarizing the facts and asking this court to independently review the record to identify any issues warranting relief. Benjamin was advised of his right to file a supplemental brief, but failed to do so. Finding no arguable issues, we will affirm.
DISCUSSION
Benjamin's ex-wife testified that she was slowing down for a stop sign near Arcata Plaza when Benjamin saw her, grabbed a brick-like object, ran toward her car, and threw the object toward the driver-side window of her car. When she saw him approaching her car, she accelerated to get away from him, and the object hit her car just below the driver-side window. She called 911 immediately after driving away from him and went straight to the police station. The object Benjamin threw caused a significant dent in her car, with the cost of repair exceeding $3,000.
Benjamin's ex-wife further testified that she had obtained a domestic violence restraining order against Benjamin approximately one year before the incident involving her car. The prosecution introduced a certified copy of the restraining order into evidence.
The jury's verdict and the court's sentence were appropriately supported by the evidence adduced at trial. In addition, the court conducted multiple hearings pursuant to People v. Marsden (1970) 2 Cal.3d 118, and did not abuse its discretion in denying Benjamin's requests to obtain new counsel. Having reviewed the record pursuant to Wende, supra, 25 Cal.3d 436, we find no issues requiring further briefing.
DISPOSITION
The judgment is affirmed.
WE CONCUR: STREETER, J., GOLDMAN, J.