P. v. Anderson

Filed 2/20/07  P. v. Anderson CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

            APPEAL from a judgment of the Superior Court of Los Angeles County.  Dewey  Falcone, Judge.  Affirmed and remanded.

            Law Offices of Simmons & Koester and James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Michael R. Johnsen, Deputy Attorneys General, for Plaintiff and Respondent.

_________________

            Barris Anderson appeals from a judgment entered upon his conviction by jury of misdemeanor simple assault (Pen. Code, § 240).[1]  The trial court placed appellant on three years summary probation on the conditions, among others, that he serve six months in county jail and pay victim restitution.  Appellant contends that the trial court erred (1)  in rejecting his refusal to accept probation, and (2) in ordering him to pay victim restitution.

            We remand for resentencing and otherwise affirm.

PROCEDURAL AND FACTUAL BACKGROUND

            On August 26, 2005, Shameil Sanchez was visiting her friend, Chenita McNeal.  McNeal was appellant's girlfriend.  Sanchez told McNeal that she had seen appellant the previous evening leaving a liquor store with another woman.  McNeal became angry and telephoned appellant, who, shortly thereafter, arrived at McNeal's house.  He argued with her about the other woman and told Sanchez he was â€