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People v. Ford

California Court of Appeals, Fourth District, First Division
Jul 10, 2008
No. D052609 (Cal. Ct. App. Jul. 10, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. BILLY J. FORD, JR., Defendant and Appellant. D052609 California Court of Appeal, Fourth District, First Division July 10, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County Super. Ct. No. SCD207366, Stephanie Sontag, Judge.

HALLER, Acting P. J.

Billy J. Ford, Jr., entered a negotiated guilty plea to corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)) and admitted he had a prior serious felony (§ 667, subd. (a)) and a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)). Under the plea bargain, which set a "mid-lid" of 11 years, the prosecution agreed to dismiss the balance of the amended complaint. At the change of plea hearing, the trial court indicated it would consider striking the prior strike conviction.

Statutory references are to the Penal Code.

At the sentencing hearing, the court granted Ford's Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) motion and dismissed the prior strike conviction. The court sentenced Ford to a seven-year prison term—the low term of two years for the corporal injury to a cohabitant count plus a five-year enhancement for the prior serious felony conviction.

FACTS

Ford admitted he "willfully and unlawfully inflicted a corporal injury resulting in a traumatic condition upon a person with whom I was cohabitating." He also admitted the strike prior and prior serious felony.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Counsel has not referred us to any possible, but not arguable, issues pursuant to Anders v. California (1967) 386 U.S. 738.

We granted Ford permission to file a brief on his own behalf. He has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Ford on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McINTYRE, J. IRION, J.


Summaries of

People v. Ford

California Court of Appeals, Fourth District, First Division
Jul 10, 2008
No. D052609 (Cal. Ct. App. Jul. 10, 2008)
Case details for

People v. Ford

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. BILLY J. FORD, JR., Defendant and…

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

Date published: Jul 10, 2008

Citations

No. D052609 (Cal. Ct. App. Jul. 10, 2008)