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People v. Crawford

California Court of Appeals, Fourth District, Second Division
Dec 24, 2009
No. E048850 (Cal. Ct. App. Dec. 24, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County Super. Ct.No. RIF150406. Janice M. McIntyre, Judge. Retired judge of the Riverside Super. Ct., assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.

James R. Bostwick, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

Ramirez P.J.

Defendant, James Darnell Crawford, pled guilty to one count of corporal injury to a spouse resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a)), after the trial court indicated it would impose a two-year sentence.

BACKGROUND

Because the defendant pled guilty prior to the preliminary hearing (Pen. Code, § 859a), and waived his right to a presentence probation report, there is no information in the record about the nature of the offense. On May 12, 2009, a complaint was filed charging defendant with one count of corporal injury to a spouse resulting in a traumatic condition. (Pen. Code, § 273.5, subd (a)(1).) On May 22, 2009, at a pre-preliminary hearing settlement conference, the trial court gave an indicated sentence of two years in prison. Over the People’s objection, defendant entered a guilty plea to count 1, to the court, without the benefit of a plea bargain, but with the understanding he would be sentenced to prison for two years. He waived his right to a probation report and was immediately sentenced to a term of two years in prison.

On July 21, 2009, defendant appealed, challenging his sentence or other matters occurring after the plea.

DISCUSSION

At his request, this court appointed counsel to represent defendant on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, and a summary of the facts, and requesting that we undertake an independent review of the entire record. We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error.

First, the record shows appellant was advised of the rights being waived and the consequences of pleading guilty. There is substantial evidence to support the trial court’s finding that the plea was knowing, intelligent, and voluntary. Further, the defendant personally admitted he committed the act charged in the complaint, establishing a factual basis for the plea satisfies the legal requirements. (See People v. Holmes (2004) 32 Cal.4th 432, 443-444.)

We have completed our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

We concur: Hollenhorst J. McKinster J.


Summaries of

People v. Crawford

California Court of Appeals, Fourth District, Second Division
Dec 24, 2009
No. E048850 (Cal. Ct. App. Dec. 24, 2009)
Case details for

People v. Crawford

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JAMES DARNELL CRAWFORD, Defendant…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Dec 24, 2009

Citations

No. E048850 (Cal. Ct. App. Dec. 24, 2009)