People v. Smith CA3
Opinion
Opinion
Filed 8/28/14 P. v. Smith 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C073825
Plaintiff and Respondent, (Super. Ct. No. 12F00872)
v.
KEVIN ODELL SMITH,
Defendant and Appellant.
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Defendant Kevin Odell Smith was charged with three felonies: corporal injury to a spouse or cohabitant (count one; Pen. Code, § 273.5, subd. (a)),1 making criminal threats (count two; § 422), and false imprisonment (count three; § 236). The information also alleged a prior strike.
Undesignated statutory references are to the Penal Code. Defendant moved unsuccessfully before trial to dismiss the prior…