Opinion
A151834
11-02-2017
THE PEOPLE, Plaintiff and Respondent, v. RICKY PAUL WILLIAMSON, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Lake County Super. Ct. No. CR 941409)
In this appeal, counsel for appellant has filed a declaration stating he has reviewed the record in this matter and decided to file a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. He has written appellant and advised him of his conclusions. He told appellant he may file a supplemental brief with this court raising any issues appellant believes should be addressed. More than 30 days have passed and no supplemental brief has been received by this court. We have reviewed the record and conclude the judgment should be affirmed. This is a timely appeal.
STATEMENT OF THE CASE
Appellant was charged by complaint on January 14, 2016, with infliction of corporeal injury on a spouse, a violation of Penal Code section 273.5, subdivision (f)(1) (count 1); and misdemeanor battery, a violation of section 242 (count 2). The district attorney also alleged appellant had previously sustained a misdemeanor conviction of section 273.5 in 2014.
Unless otherwise stated all references in the opinion are to the Penal Code. --------
On January 20, 2016, appellant pleaded no contest to the charge of a violation of section 273.5, subdivision (f)(1). He also admitted the prior offense alleged in 2014. The district attorney dismissed the misdemeanor battery as a result of the plea.
On March 7, 2016, appellant was sentenced to three years' formal probation with several conditions, including 180 days in the county jail. He was ordered to obey all laws and cease any harassment or violent contact with the victim in this incident.
On May 1, 2017, the adult probation department filed a formal report detailing a new incident in which appellant violated his probation by throwing toiletries at his wife, Nicole, and then slapping her twice in the face.
A probation hearing regarding this alleged violation of probation was held on June 1, 2017. The court found appellant in violation of probation at the end of the hearing and revoked his probation.
On June 26, 2017, at the hearing concerning his revocation, the court imposed the middle term of four years in state prison for the offense of section 273.5, subdivision (f)(1). The court also imposed certain statutory fines for his violation.
Appellant filed his notice of appeal on July 5, 2017.
STATEMENT OF FACTS
The incident that underlies the probation revocation in this case arose on April 27, 2017. The police were summoned to the home of Nicole Williamson (Williamson) based on a domestic dispute. She had slight memory of the matter. She did recall she and her husband had been arguing, after which she decided to take a bath. While she was in the bedroom after bathing, appellant entered and threw deodorant at her, hitting her in the thigh. She thought there may have been a slight bruise.
Williamson also told the police appellant slapped her two times in the face. This happened when appellant was attempting to grab their child from her arms. To exculpate the appellant, Williamson told the police she had poor memory of the incident because she had not taken her medications and as a consequence was subject to exaggeration.
Officer Flores of the Clearlake Police Department also testified at the hearing. He was called to the victim's home on a domestic episode. Williamson appeared to be under the influence of a stimulant. He noticed a one-inch abrasion on Nicole Williamson's thigh, which she indicated was the place she was hit with the deodorant container. He took a picture of it. She also told the officer appellant hit her twice in the face while she was holding their child. The child also told the police officer, "My dad hit my mom."
The appellant testified he never threw anything directly at Williamson; he threw the deodorant container to the ground and it bounced up to hit her in the thigh. Regarding the hits to the face, appellant denied them, claiming his wife was hitting herself deliberately.
The trial court decided at the end of the hearing that the prosecution had established a violation of probation by a preponderance of the evidence.
DISCUSSION
The trial court made its decision after a full hearing in which each side presented evidence dealing with the revocation. The court found the prosecution had proven its case by a preponderance of the evidence. While the court had the statements by Williamson on the night the police arrived, and her contradictory testimony at the hearing, the court resolved the conflict in its statement of decision. Having reviewed the record, we will not disturb that conclusion on this record.
Regarding the sentence here, the record reflects the court imposed the state prison sentence because the probation violation occurred within one year of the underlying felony sentence. Also, the victim was the same person in each case.
DISPOSITION
We affirm the judgment.
/s/_________
Dondero, J. We concur: /s/_________
Margulies, Acting P. J. /s/_________
Banke, J.