Opinion
E053529 Super.Ct.No. INF064901 Super.Ct.No. INF10002277
12-12-2011
THE PEOPLE, Plaintiff and Respondent, v. EMANUEL LAMONT JENKINS, JR., Defendant and Appellant.
James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside County. David B. Downing, Judge. Affirmed.
James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Emanuel Lamont Jenkins, Jr., appeals following a jury trial in case No. INF064901 and a guilty plea in case No. INF10002277. In case No. INF064901, he was sentenced to a total term of three years in state prison with credit for time served. Pursuant to the plea agreement, defendant's sentence in case No. INF10002277 was concurrent to his sentence in case No. INF064901. Defendant appeals from the judgment in both cases. We find no error and affirm the judgments.
FACTUAL AND PROCEDURAL BACKGROUND
A. Case No. INF064901
The victim and defendant had lived together for 12 years and had two children together. On February 22, 2009, they were living together in Desert Hot Springs. On that day, the victim arrived home from work around 8:30 p.m. and noticed a pink car parked in front of the house, causing her to be suspicious. The victim knew the car belonged to Larhonda Mosley (Mosley).
After parking her car, the victim approached the house. Unable to open the front door, she went to the side door of the house. However, she was unable to enter through the side door because it was blocked by a couch. Through the blinds, the victim clearly saw "two naked people having sex," one of whom was defendant.
Upset, the victim punched the window in the door, cracking the outer layer of the double-pane window. Defendant thereafter stormed outside, "[c]ompletely naked," grabbed the victim by her hair, and began repeatedly punching her in the face. The victim told defendant to stop and stated, "'You broke my face'"; however, defendant continued to assault the victim and drag her around. The victim did not strike back and estimated that defendant punched her 15 to 20 times. Defendant eventually stopped hitting the victim and went inside the house to get dressed. The victim ran to her car and called 911. The police arrived shortly thereafter and took photographs of the victim's injuries.
The audiotape of the 911 call was played for the jury at the time of trial.
The victim visited a doctor the following morning. As a result of defendant's blows, the victim's left eye was completely swollen shut. She also suffered some ruptured blood vessels inside her eye and bruising. She testified that the bruises took about a month to heal; however, her face was still sensitive when there was any pressure to her left cheek.
The defense attempted to discredit the victim's character by presenting the testimony of the victim's employer and former landlord. The defense also presented testimony of Mosley. Mosley testified that she went to defendant's house on the day of the incident to watch a movie. She claimed that she and defendant were merely sitting on a couch, watching a movie, when the window broke. She denied being naked or engaging in sexual intercourse with defendant on that day. She further stated that she heard the victim banging at the side and front doors. When defendant went outside, she saw the victim coming at defendant and defendant trying to push the victim away. She also heard the victim telling defendant, "'You're going to go to jail tonight," and "[t]ell the bitch to come outside.'" Mosley denied seeing defendant grab the victim by the hair, punch the victim in the face, or drag the victim around.
On March 10, 2011, an amended information was filed charging defendant with one count of inflicting corporal injury resulting in a traumatic condition upon a spouse or cohabitant. (Pen. Code, § 273.5, subd. (a).) The information further alleged that defendant had sustained a prior prison term. (§ 667.5, subd. (b).)
All future statutory references are to the Penal Code unless otherwise stated.
Following a bifurcated proceeding, the jury found defendant guilty as charged. Defendant thereafter admitted the prior prison term allegation.
On May 6, 2011, defendant was sentenced to the low term of two years, plus a consecutive term of one year for the prior prison term. He was awarded a total of 386 days of credit for time served. Defendant subsequently filed a notice of appeal.
B. Case No. INF10002277
The factual background in case No. INF10002277 is taken from the probation officer's report.
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On October 25, 2010, around 8:00 p.m., defendant loudly knocked on the front door of Jane Doe's residence and demanded that she open the door. When Jane refused, defendant kicked the door open, pulled her outside, and insisted on the whereabouts of a motorcycle Jane had purchased from him. Defendant showed her the butt of a gun and then punched her in the head twice. He ordered Jane to get into his vehicle while stating, "'Don't make me kill you.'"
With Jane in his vehicle, defendant drove to another house looking for the motorcycle. Unable to locate the motorcycle, defendant drove Jane back to her house, where he eventually located the motorcycle. While holding a gun, defendant told Jane that he was going to snap her neck, and that the only reason he would not kill her was because she was his best friend's girlfriend. He also threatened to kill Jane if she called the police or told anyone about the incident. Before leaving, defendant took Jane's cellular telephone.
The following day Jane notified the police. The officers interviewed Jane and noticed several bruises on Jane's arms and scratches on her back.
On December 1, 2010, an information was filed charging defendant with kidnapping (§ 207, subd. (a), count 1) while released from custody on a primary offense (§ 12022.1); making a criminal threat (§ 422, count 2) while released from custody on a primary offense (§ 12022.1); petty theft (§ 484, subd. (a), count 3); and battery (§ 242, count 4). The information further alleged that defendant had sustained a prior prison term. (§ 667.5, subd. (b).) The information was later amended to allege a violation of assault with force likely to produce great bodily injury. (§ 245, subd. (a)(1), count 5.)
On March 21, 2011, following the jury's verdict in case No. INF064901and pursuant to a plea agreement, defendant pled guilty to count 5 as a nonstrike offense in exchange for a stipulated three-year sentence to be served concurrently to case No. INF064901 and the dismissal of the remaining charges. The trial court found that the guilty plea was entered freely and voluntarily, and that defendant knowingly and intelligently waived his rights.
On May 6, 2011, defendant was sentenced in accordance with his plea agreement and awarded credit for time served. He subsequently filed a notice of appeal based on the sentence or other matters occurring after the plea.
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting that this court conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
DISPOSITION
The judgments are affirmed in case Nos. INF064901 and INF10002277.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
KING
J.
CODRINGTON
J.