P. v. Anderson
Filed
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. BARRIS ANDERSON, Defendant and Appellant. | B190241 ( Super. |
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.
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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
On