People v. Phillips CA4/2

Filed 10/10/13 P. v. Phillips CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E055866

v. (Super.Ct.Nos. RIF145538 &

RIF148738)

EMMANUEL PHILLIPS,

OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Bernard Schwartz,

Judge. Affirmed in part; reversed in part with directions.

David McNeil Morse, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Eric A.

Swenson, Deputy Attorneys General, for Plaintiff and Respondent.

1 A jury found…