Opinion
NOT TO BE PUBLISHED
Marin County Super. Ct. No. SC143106A
McGuiness, P.J.
Appellant Charles Alfred Glasper pled guilty to one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and one count of making criminal threats (§ 422). Appellant also admitted an allegation he personally inflicted great bodily injury during the commission of the assault (§ 12022.7, subd. (e)), and he admitted a number of allegations concerning prior convictions and prison terms served (§§ 667, subds. (a)(1) & (b)-(i), 667.5, subd. (b), 1170.12, subds. (a)-(d), & 1203, subd. (e)(4).) The trial court sentenced him to 19 years in state prison. Appellant’s court-appointed counsel has briefed no issues and asks this court to review the record as required by People v. Wende (1979) 25 Cal.3d 436. We have done so and find no issues that merit briefing.
All further statutory references are to the Penal Code unless otherwise specified.
FACTUAL AND PROCEDURAL BACKGROUND
Kendra Sigman met appellant in May 2005 and had an intimate relationship with him for about six weeks. On June 22, 2005, Sigman picked up appellant in Oakland and returned with him to her apartment in Corte Madera. She agreed to drive him back to Oakland either later that night or the following day.
Sigman and appellant consumed alcohol during the evening and got intoxicated. Appellant also used cocaine. At about 3:00 am., appellant asked Sigman to drive him home. Because she had been drinking, Sigman declined. Appellant started screaming at Sigman, telling her she was going to be a “dead woman” if any family member or friend had to come pick him up from her apartment. Sigman became very frightened and felt her life was threatened. When Sigman tried to use her cell phone to call the police, appellant grabbed it and threw it across the bedroom, breaking it.
Sigman went into the kitchen and picked up a knife to protect herself. After appellant asked her what she planned to do with the knife, Sigman put down the knife and left the kitchen. Appellant followed her into a hallway, grabbed her from behind, and hit the left side of her face, causing her to bounce off the wall. She fell to the floor, hitting her head on the corner of a wall.
Appellant put a choke hold on her then hit her two more times in the face and upper body. Appellant continued to argue with Sigman about taking him home. He broke a glass by throwing it across the bedroom, and he also set the bedroom curtains on fire.
One or more neighbors called the police. Appellant grabbed his belongings and left after one of the neighbors yelled that the police were coming. Fearful of appellant, Sigman initially did not accurately report to the police what had happened. As a result of being hit, Sigman received two black eyes and a scrape above her left eyebrow. She had bruises all over her chest, and her left cornea was scratched. The wound above her left eyebrow left a scar.
Following a preliminary hearing, the district attorney filed a two-count information on July 21, 2006, charging appellant with assault by means of force likely to produce great bodily injury, in violation of section 245, subdivision (a)(1) (count 1), and making criminal threats, in violation of section 422 (count 2). As to count 1, the People alleged that appellant personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, subdivision (e). As to both counts, the People alleged appellant had suffered two prior strikes under section 1170.12, subdivisions (a) through (d) and section 667, subdivision (b) through (i), as well as two prior serious or violent felony convictions within the meaning of section 667, subdivision (a)(1). As to both counts, the information also contained an allegation that appellant had served two prior prison terms within the meaning of section 667.5, subdivision (b), and the information contained an allegation appellant had two prior felony convictions within the meaning of section 1203, subdivision (e)(4), thereby rendering him ineligible for probation except under certain conditions.
With two prior strikes, appellant faced a possible life term in prison. Before accepting a change of plea on October 13, 2006, the trial court agreed to strike the older of appellant’s two prior convictions, citing appellant’s acceptance of responsibility, the scale of the offense, the nature and timing of appellant’s prior strikes, and appellant’s exposure with one remaining strike. Pursuant to a plea bargain, appellant pled guilty to count 1 (§ 245, subd. (a)(1)) and count 2 (§ 422) of the information with the understanding the maximum sentence he could receive would be 24 years 4 months. He admitted the allegation as to count 1 he had personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, subdivision (e). As to both counts 1 and 2, appellant admitted two prior serious or violent felony convictions within the meaning of section 667, subdivision (a)(1), one prior strike (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), two prior prison terms served within the meaning of section 667.5, subdivision (b), and two prior felony convictions within the meaning of section 1203, subdivision (e)(4).
Before appellant entered his plea, the trial court advised him of the constitutional rights he would waive by agreeing to the plea bargain. Appellant had also signed a written plea form, acknowledging and waiving his rights. Appellant’s trial counsel stipulated to a factual basis for the plea based on the preliminary hearing transcript. The court accepted appellant’s plea.
On December 28, 2006, appellant invited the trial court to exercise its discretion under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, to strike the remaining prior strike. The trial court declined to strike appellant’s remaining prior serious or violent felony conviction, stating its reasons on the record at a hearing on December 29, 2006.
At the sentencing hearing, the trial court denied probation and sentenced appellant on count 1 (§ 245, subd. (a)(1)) to the middle term of three years in state prison, doubled to six years pursuant to the Three Strikes Law (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)). The court imposed a consecutive sentence of three years on count 1 for the great bodily injury sentence enhancement (§ 12022.7, subd. (e)). On count 2 (§ 422), the court sentenced appellant to the middle term of four years but stayed execution of the sentence pursuant to section 654. The court also imposed two consecutive five-year terms for prior serious felony convictions within the meaning of section 667, subdivision (a)(1), and it stayed imposition of the two section 667.5, subdivision (b) enhancements for prior prison terms served. The total term thus imposed was 19 years in state prison.
In addition, the trial court imposed a restitution fine of $5,000 pursuant to section 1202.4, subdivision (b), and imposed a parole revocation fine in an equal amount under section 1202.45, suspended unless appellant’s parole is revoked. The court also imposed a security fee of $40 (§ 1465.8, subd. (a)(1)) and ordered appellant to provide DNA samples (§ 296). Appellant received presentence credit of 643 days, composed of 429 actual days served plus 214 days for work-time credit (§ 4019).
Appellant filed a timely notice of appeal. There is no indication in the record that he sought a certificate of probable cause.
DISCUSSION
Appellant’s counsel filed a brief identifying no potentially arguable issues and asking this court to independently review the record under People v. Wende, supra, 25 Cal.3d 436. In addition, appellant has had an opportunity to file a supplemental brief with this court but has not done so.
Having reviewed the entire record, we conclude there are no arguable issues that warrant further briefing.
DISPOSITION
The judgment is affirmed.
We concur: Siggins, J., Horner, J.
Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.