P. v. Smith
Filed 8/18/06 P. v. Smith CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. CURTIS EDWARD SMITH, Defendant and Appellant. | E037036 (Super.Ct.No. BLF1710) OPINION |
APPEAL from the Superior Court of Riverside County. Randall Donald White, Judge. Affirmed with modifications.
Carmela F. Simoncini, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil Gonzalez, Supervising Deputy Attorney General, and Warren Robinson and Lynne McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.
On January 31, 2001, an information was filed charging defendant Curtis Edward Smith with inflicting corporal injury upon a spouse (Pen. Code, § 273.5, subd. (a),[1] counts 1 and 7), attempted premeditated murder (§§ 664/187; count 2), kidnapping (§ 207, subd. (a); count 3), assault with a deadly weapon (§ 245, subd. (a)(1); count 4), making criminal threats (§ 422; count 5), and residential burglary (§ 459; count 6). It was further alleged in counts 2, 3, 4, and 7 that defendant personally used a knife as a deadly weapon (§§ 12022, subd. (b)(1) & 1192.7, subd. (c)(24)) and that he committed the offenses while released from custody pending the disposition of another felony offense (§ 12022.1) As to counts 2, 4, and 7, the information alleged that defendant personally inflicted great bodily injury (§§ 12022.7, subd. (d) & 1192.7, subd. (c)(8)). Finally, the information alleged a â€
