P

Filed 10/3/13 P v. Livingston CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C072740

Plaintiff and Respondent, (Super. Ct. No. 11F01267)

v.

ARNOLD ROSHAWN LIVINGSTON,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On October 19, 2010, defendant Arnold Roshawn Livingston was detained outside a department store by an off-duty Department of Corrections officer after defendant grabbed, choked and forced his girlfriend to leave the store. Defendant threatened to retrieve a knife from his pocket and stab the off-duty officer. In 1992, defendant was convicted of second degree robbery. After the court found defendant incompetent to…