Opinion
F075819
03-22-2018
THE PEOPLE, Plaintiff and Respondent, v. DERRICK DEWAND BRIDGES, Defendant and Appellant.
Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F16903202)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. David Andrew Gottlieb, Judge. Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Levy, Acting P.J., Franson, J. and Smith, J.
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INTRODUCTION
Pursuant to a plea agreement, appellant Derrick Dewand Bridges pled no contest to one count of violating Penal Code section 273.5, subdivision (a), and admitted a prior conviction for assault with a firearm. He was sentenced in accordance with the plea agreement. Bridges appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.
References to code sections are to the Penal Code unless otherwise specified. --------
FACTUAL AND PROCEDURAL SUMMARY
A felony complaint was filed on May 24, 2016, charging Bridges in count one with a violation of section 273.5, subdivision (a), corporal injury to the mother of his child. Count two charged a violation of section 245, subdivision (a)(4), assault by means likely to produce great bodily injury. It also was alleged that Bridges had suffered a prior serious felony conviction, within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d).
At the September 7, 2016 preliminary hearing, Ashley B. testified that Bridges was the father of her son; the child at the time was nearly three years old. The night of May 12, 2016, Ashley and Bridges "got into an argument" in the area of Blackstone and Griffith. Bridges pushed her onto the ground and kicked her; she got up and ran. Bridges apparently caught her, hit her, and when she fell to the ground he began kicking Ashley repeatedly.
Someone apparently called the police and officers arrived. Ashley sustained a cut on her head and bruises all over from the attack by Bridges. She had injuries to her forehead, both knees, face, hand, and back. Ashley, however, did not go to the hospital after the attack.
At the conclusion of the preliminary hearing, Bridges was held to answer on the charges. The information was filed on September 19, 2016.
On October 13, 2016, the trial court held a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 to consider Bridges's concerns about the adequacy of representation by defense counsel. After hearing from Bridges, the trial court found there was no "substantial impairment" of his right to counsel. Bridges then asked the trial court to strike his prior conviction; the trial court refused to do so.
On December 1, 2016, defense counsel made an oral motion that Bridges be released from custody on his own recognizance. The motion was denied.
On January 26, 2017, Bridges asked to vacate the trial date on the grounds his mother was attempting to retain private counsel. The trial court denied the request unless there was "something more than speculation that he's going to hire counsel." The trial court indicated that if Bridges did retain other counsel, the matter could be placed back on calendar to select a new trial date.
On February 14, 2017, Bridges signed a felony advisement, waiver of rights, and plea form. The plea agreement provided that Bridges plead to the count one offense and admit the prior strike allegation, in exchange for a four-year "lid" and dismissal of the count two offense.
At the February 14, 2017 hearing, the trial court verified that Bridges had initialed and signed the plea form and had sufficient time to discuss the plea with his attorney. The trial court advised Bridges of the consequences of his plea and confirmed Bridges understood the consequences; the trial court also informed Bridges of his constitutional rights and accepted a waiver of those rights. The parties stipulated to a factual basis for the plea.
The trial court then accepted a plea of no contest from Bridges to the count one offense, violating section 273.5, subdivision (a), and an admission that he had suffered a prior conviction in 2001 for violating section 245, subdivision (a)(2). The trial court found Bridges:
"has expressly, knowingly, understandingly and intelligently waived his constitutional and statutory rights. The plea is freely and voluntarily made. The defendant understands the nature and consequences of the plea. I do find there's a factual basis for the plea and I adopt the findings and orders contained in the advisement, waiver of rights and plea form ...."
The People moved to dismiss the remaining count, pursuant to the plea agreement, and the trial court granted the motion. The matter was set for sentencing on March 15, 2017.
At the March 15, 2017, sentencing hearing, defense counsel made an oral request that the trial court dismiss the prior strike in the interests of justice "[d]ue to the age of the strike." The trial court asked that a formal motion be filed and continued the sentencing hearing.
On March 22, 2017, defense counsel filed a written motion for sentencing relief pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. On April 12, 2017, at the continued sentencing hearing, the trial court denied the Romero motion. The trial court commented that the nature of the attack on the victim was "serious" and Bridges had received "a favorable plea agreement."
The trial court imposed a term of two years for the count one offense, doubled to four years for the strike. Credits totaling 468 days were awarded. Various statutory fines and fees were imposed. The trial court also ordered that Bridges have no contact with the victim and not possess a firearm. When the trial court wished Bridges "good luck," Bridges responded, "Fuck you."
The abstract of judgment filed April 19, 2017, accurately reflects the trial court's oral pronouncement of sentence. Bridges filed a timely notice of appeal on June 12, 2017.
DISCUSSION
Appellate counsel filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436 on September 20, 2017. That same day, this court issued its letter to Bridges inviting supplemental briefing. No supplemental brief was filed.
Bridges entered into a very favorable plea agreement. He received the low term of two years for the count one offense; the potential exposure on a section 273.5, subdivision (a) conviction is four years. In addition, the dismissed count carried a maximum sentence of four years. (§ 245, subd. (a)(4).) Bridges faced a potential sentence of eight years if convicted on both counts, doubled to 16 for his prior strike. Instead, as part of his plea agreement, he received a sentence of two years, doubled to four because of his prior strike.
Bridges entered into the plea agreement only after being advised of his rights, acknowledging he understood the consequences of his plea, and conferring with defense counsel. He was sentenced in accordance with the plea agreement.
The terms of a plea agreement are binding on all the parties. (People v. Feyrer (2010) 48 Cal.4th 426, 436-437.) Bridges received the benefit of his bargain and must abide by the plea agreement. (People v. Panizzon (1996) 13 Cal.4th 68, 80.)
After an independent review of the record, we find no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.