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People v. Britton

California Court of Appeals, Third District, Butte
Apr 13, 2009
No. C059096 (Cal. Ct. App. Apr. 13, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ROBERT W. BRITTON, Defendant and Appellant. C059096 California Court of Appeal, Third District, Butte April 13, 2009

NOT TO BE PUBLISHED

Super. Ct. No. CM025382

HULL, J.

In July 2006, officers from the Oroville City Police Department responded to a report of domestic violence. Officers arrived and spoke to the victim, who identified defendant as her attacker. Defendant, with whom the victim had an “intimate relationship” as well as a three-year-old son, appeared intoxicated. After learning defendant was on parole with a “no-alcohol clause” the officers detained him in the back of their patrol car.

The victim reported to the officers that she and defendant had been at her daughter’s house drinking when they got into an argument. The victim went into the house to gather their things so they could leave. Defendant remained outside with their son. The victim’s daughter soon came running back into the house, carrying her half brother, saying defendant had thrown the child to the ground. The victim then ran outside to confront defendant, who began beating her.

The officers saw the three-year-old child had a “raised contusion” on his forehead, along with a “straight red line in the middle of it.” They also observed bruising on the victim’s arms consistent with her description of the attack. Defendant was arrested and subsequently charged with felony corporal injury to a spouse, cohabitant, or child’s parent (Pen. Code, § 273.5, subd. (a); further statutory references are to the Penal Code unless otherwise indicated), felony child abuse (§ 273a, subd. (a)), having a prior serious felony conviction (§ 667, subd. (a)(1)), having a prior strike conviction (§§ 667, subds. (b)-(i), 1170. 12), and having served a prior prison term (§ 667.5, subd. (b)).

In December 2006, the prosecution amended the complaint, reducing the charge of corporal injury to a child’s parent to a misdemeanor and defendant pleaded guilty to that charge as well as felony child abuse. In exchange for his plea, the remaining charges were dismissed. In addition, at defendant’s request, he was released into the Cherokee House Residential Treatment facility for drug and alcohol treatment pending his sentencing. Defendant completed the “residential phase” in June 2007, and was transferred to a “Clean and Sober Living Program,” where he remained until July 2007.

In July 2007, defendant was remanded to the Department of Corrections and Rehabilitation for a diagnostic evaluation pursuant to section 1203.03. When he was transported to the diagnostic facility in August, however, he was turned away because he was on active parole in another matter. Defendant was thus transferred to the Butte County Jail.

In September 2007, defendant was released from the Butte County Jail into the Skyway House Residential Treatment Facility, where he lived until December 2007, when he was terminated from the program for a positive drug test and “behavior that violated program rules.” On January 5, 2008, defendant was arrested for violating the conditions of his parole, for which he was sentenced to eight months “straight” time.

On May 13, 2008, defendant was finally before the court for sentencing on the current convictions. After considering the original and supplemental reports from the probation department, the trial court sentenced defendant to six years in state prison, six years for defendant’s felony child abuse conviction, and a concurrent one-year sentence for defendant’s conviction for inflicting corporal injury on his child’s mother. The court imposed the upper term because defendant had already served prior prison terms and had previously violated parole. The court also ordered defendant to pay various fines and fees, and awarded him 336 days of custody credit.

Defendant subsequently asked the trial court to amend his presentence custody credits pursuant to section 1237.1. Defendant argued he was entitled to an additional 30 days of credit. The trial court agreed and an amended abstract of judgment was filed in this court and delivered to the Department of Corrections and Rehabilitation.

Defendant appeals. His request for a certificate of probable cause was denied (§ 1237.5).

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

Disposition

The judgment is affirmed.

We concur: NICHOLSON, Acting P. J., ROBIE, J.


Summaries of

People v. Britton

California Court of Appeals, Third District, Butte
Apr 13, 2009
No. C059096 (Cal. Ct. App. Apr. 13, 2009)
Case details for

People v. Britton

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROBERT W. BRITTON, Defendant and…

Court:California Court of Appeals, Third District, Butte

Date published: Apr 13, 2009

Citations

No. C059096 (Cal. Ct. App. Apr. 13, 2009)