People v. Underwood CA4/1

Filed 6/3/14 P. v. Underwood 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063485

Plaintiff and Respondent,

v. (Super. Ct. No. SCD242134)

DIARMEN BART UNDERWOOD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Desiree

Bruce-Lyle, Judge. Affirmed, as modified with directions.

Marianne Harguindeguy Cox, 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, Kristine A. Gutierrez, Lynne G.

McGinnis and Alastair J. Agcaoili, Deputy Attorneys General, for Plaintiff and

Respondent. A jury…