Opinion
A156784
09-23-2019
THE PEOPLE, Plaintiff and Respondent, v. CORY CHRISTOPHER BOYCE, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Alameda County Super. Ct. Nos. 17-CR-001179, 18-CR-016755)
Cory Christopher Boyce appeals from a judgment following a contested probation revocation hearing. His appointed counsel filed a brief seeking review pursuant to People v. Wende (1979) 25 Cal.3d 436. We have reviewed the record and have found no reasonably arguable appellate issues. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 2017, Boyce pled no contest to assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). Pursuant to the negotiated disposition, the court suspended imposition of sentence and placed Boyce on probation. In an October 2018 petition to revoke Boyce's probation, the prosecution alleged Boyce committed assault with force likely to produce great bodily injury (§ 245, subd. (a)), and battery causing serious bodily injury (§ 243, subd. (d)).
Statutory references are to the Penal Code. --------
At the contested probation revocation hearing, the prosecution presented the following evidence: In August 2018, Jennifer O. went to an Oakland laundromat. When she arrived, Boyce was inside the laundromat, doing his laundry. Boyce yelled "negative stuff" at Jennifer, and she "yelled something back." Jennifer left the laundromat and went to the parking lot; Boyce chased her and yelled " 'I'm going to get you.' " Boyce punched Jennifer five times in the face. Jennifer blocked some of the punches, but the last punch hit her left eye, and she fell to the ground. For several weeks, Jennifer had no vision in her left eye.
At the conclusion of the hearing, the court determined Boyce violated probation. It sentenced Boyce to three years in state prison, to be served in county jail. It imposed a probation revocation restitution fine (§ 1202.44) and awarded Boyce 292 days of credits.
DISCUSSION
Appointed counsel filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436 and informed Boyce of his right to file a supplemental brief. Boyce has not filed a supplemental brief. We have reviewed the record and find no arguable issues. (People v. Kelly (2006) 40 Cal.4th 106.)
DISPOSITION
The judgment is affirmed.
/s/_________
Jones. P. J. We concur: /s/_________
Needham, J. /s/_________
Burns, J.