Opinion
NOT TO BE PUBLISHED
Humbold County Super. Ct. No. CR062433
Lambden, J.
Appellant Robert John Bayless appeals from the judgment entered after his guilty plea. His counsel raises no issues and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436.
BACKGROUND
Jane Doe is a resident of the city of Eureka in Humboldt County. In January of 2006, Doe met appellant, Robert John Bayless, in San Francisco and the two became friends. After a short visit to Eureka, appellant decided to find a job in the area and reside in Doe’s residence as a tenant. Although Doe and appellant shared some affectionate moments, their relationship did not involve sexual intercourse. At some point, appellant moved from the main house of Doe’s residence into a separate cottage upon Doe’s request.
In the early morning of April 18, 2006, appellant drove Doe home from St. Joseph’s Hospital, where Doe worked nightshift as a nurse. When the two returned to Doe’s residence, appellant followed Doe into her house and wanted to speak with her. Once the two were inside, appellant suddenly changed his friendly demeanor by brandishing a knife and threatening to kill Doe. Appellant accused Doe of cheating on him and held out a letter claiming it to be a love letter written by Doe to another man. Appellant threatened to kill Doe’s family members if she did not confess her infidelity. Appellant complained that he saw hearts drawn on a Wells Fargo Bank mailing and on the walls of Doe’s house. Appellant threatened to cut off one of Doe’s fingers with his knife for every piece of proof that appellant could find of Doe’s infidelity. Appellant also told Doe that he would shoot her with a gun if she called the police, although a gun was never shown. Appellant’s behavior terrified Doe, but she could not leave her house because the house’s front door was locked and chained.
At one point during appellant’s aggression, appellant pushed Doe down on the floor and kicked her in the head, arms, and legs with his shoes on, causing Doe to black out for a period of time and creating a bleeding laceration on her forehead. Doe also suffered a large bruise on her left thigh, an injury to her left hand’s small finger, and bruising on her left forearm. When Doe managed to get up after the assault, appellant commanded her to go into the bathroom and wash the blood from her face. Doe attempted to escape the house through the bathroom window but she was stopped by appellant. Doe also tried to run away through the bedroom window and the kitchen backdoor but failed because appellant was following closely. After two hours, appellant fell asleep and Doe fled the house.
Doe was treated at Mountain Medical Center in Weaverville, where she received two layers of stitches to close the laceration on her forehead; a CT scan was performed to detect brain damage.
Appellant was arrested and charged by information in count 1 with infliction of corporal injury upon a spouse or cohabitant resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a)), in count 2 with threatening to commit a crime with intent to terrorize using a deadly or dangerous weapon (Pen. Code, §§ 422, 12022, subd. (b)(1)), and in count 3 with false imprisonment (Pen. Code, § 236).
Initially pleading not guilty to the charged offenses, appellant later changed his mind on August 14, 2006, and entered an open plea of no contest to count 1, infliction of corporal injury upon a spouse or cohabitant. (Pen. Code, § 273.5, subd. (a).) In exchange for appellant’s plea, the People agreed to a mid-term cap of three years imprisonment as penalty; and the remaining charges and special allegations against appellant were dismissed.
At the sentencing hearing on September 8, 2006, the trial court sentenced appellant to three years in state prison for violating Penal Code section 273.5, subdivision (a); the court ordered appellant to pay a restitution fine of $600.00 (Pen. Code, § 1202.4, subd. (b)); and the court imposed a parole revocation fine of $600.00, which was suspended unless appellant violates his parole (Pen. Code, § 1202.45). Appellant was ordered to comply with all legal and medical testing (Pen. Code, § 296); and the court imposed a $196.33 booking fee and a $20.00 security assessment fee on appellant.
Appellant filed a timely notice of appeal on September 13, 2006. The opening Wende brief was filed on May 17, 2007.
Our independent review of the record reveals no arguable issues.
Accordingly, the judgment is affirmed.
We concur: Kline, P.J., Richman, J.