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The People v. Chris Porter

December 15, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CHRIS PORTER DEFENDANT AND APPELLANT.



(San Francisco Super. Ct. No. 194488)

The opinion of the court was delivered by: Bruiniers, J.

P. v. Porter CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On March 7, 2005, appellant Chris Porter entered a plea of guilty to one felony count of making criminal threats (Pen. Code, § 422)*fn1 pursuant to a negotiated disposition. He was initially granted probation for a term of three years, with imposition of sentence suspended. Porter's probation was subsequently revoked, and on January 22, 2010, he was sentenced to an aggravated term of three years in state prison, with credit for time served of 388 days actual time and 194 days local conduct credits.

Assigned counsel has submitted a Wende *fn2 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Porter has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court's attention. No supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109-110.)

We find no arguable issues and therefore affirm.

BACKGROUND

Porter's conviction arose from the breakup of his relationship with a former girlfriend. On December 31, 2004, Porter was arrested after he made a series of threats to the victim (the former girlfriend) and to members of her family.*fn3 When arrested, a stolen rifle was found in the trunk of the car that he was driving.

Porter was charged by information on February 1, 2005, with one felony violation of section 646.9, subd. (a) (stalking), three felony counts of making criminal threats (§ 422), and one felony count of being a convicted felon in possession of a firearm (§ 12021, subd. (a)(1)). It was alleged that the criminal threats charges were serious felonies within the meaning of section 1192.7, subd. (c)(38).

Pursuant to a negotiated disposition, Porter entered a plea of guilty on March 7, 2005, to one felony count of making criminal threats. He was advised of his rights on the record and waived those rights. The court found that Porter made a knowing and voluntary waiver of his rights. Counsel stipulated to a factual basis for the plea.

On April 5, 2005, Porter was placed on probation for a term of three years, with imposition of sentence suspended. Conditions of probation included participation in a domestic violence program, psychiatric counseling, that he not annoy or harass the victim, and that he obey all laws. It was stipulated that the offense was a "nonstrike."

Porter did not perform successfully on probation. He came before the court on petitions to revoke his probation on several occasions between his initial sentencing, and his ultimate incarceration on this offense on January 22, 2010. Motions to revoke probation were filed on November 10, 2005, on February 24, 2006, March 21, 2007, February 29, 2008, and December 23, 2008. A motion to revoke Porter's probation was also filed by the San Francisco District Attorney on May 19, 2009. This followed his arrest by San Francisco police on May 12, 2009, for sale and possession of marijuana for sale (Health & Saf. Code, §§ 11359, 11360, subd. (a)). Porter pled guilty to possessing marijuana for sale on July 7, 2009. Probation was summarily revoked and Porter was remanded into custody on July 14, 2009, when it was learned that a warrant had been issued for his arrest in Alameda county on a domestic violence charge (§ 243, subd. (e)(1)). It was also determined that Porter was arrested for driving with a suspended license (Veh. Code, § 14601) on July 13, 2009. The matter was set for hearing on July 29, 2009. Prior to the scheduled hearing, the probation department advised the court that Porter had been identified as the responsible person in a battery on May 30, 2009, in which he hit one woman in the face while attempting to strike another. After several continuances at Porter's request, the probation revocation hearing commenced on October 23, 2009. Porter was represented by retained counsel, and the matter was continued for further hearing at his request. Further testimony was taken on December 23, 2009. The court found by a preponderance of the evidence that Porter had violated his probation by driving on a suspended license and by commission of a battery (on May 30, 2009). Sentencing was set for January 12, 2010, but was continued to January 22, 2010. The People presented ...


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