Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Fresno County No. F07903406. W. Kent Hamlin, Judge.
Grace L. Suarez, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Before Levy, Acting P.J., Dawson, J., and Kane, J.
OPINION
Appellant, Jaime Juan Carlos Guia lived with Irma Ramirez and had two children with her. On April 25, 2007, Ramirez took their seven-week-old son to the emergency room at Children’s Hospital Central California in Madera County. The child had a large, severe skull fracture and fluid on the brain that required surgery. His injuries were consistent with injuries caused by falling from the second or third story of a building. During an interview with sheriff deputies, Ramirez stated that on April 23, 2007, at 6: 00 a.m., she woke up to use the bathroom and left the child, who was crying, in Guia’s care. When she returned less than 15 minutes later, the child was acting strange and had a bruise on his cheek. She also noticed that his sleeping and feeding patterns changed and she would have to keep rousing him from sleep. Guia had been getting frustrated with the child the previous week because the baby’s crying would wake him up. The day before this incident, Ramirez heard Guia say he wished her children were dead.
During an interview with the deputies, Guia initially denied knowing what happened to the child or hurting him. He stated that the child did not fall from his arms or the bed. Guia also claimed Ramirez told him her sister had caused the bruise on the child’s face. Upon further questioning, Guia stated the child was at the edge of the bed and fell two feet to the ground striking his head on the cement floor and causing him to stop breathing. Guia hit the child on the back of the head to get him to start breathing again. He admitted causing the bruises on the child’s cheeks by grabbing him around the mouth with his hands to quiet him.
On August 14, 2007, the district attorney filed an information charging Guia with one count each of attempted murder (count 1/Pen. Code, §§ 664/187, subd. (a)), child abuse (count 2/Pen. Code, § 273a, subd. (a)), and battery with serious bodily injury (count 3/Pen. Code, § 243, subd. (d)). Each count also alleged that Guia personally inflicted great bodily injury on a child under the age of 5 (Pen. Code, § 12022.7, subd. (d)).
On December 6, 2007, the court heard and denied Guia’s Marsden motion.
People v. Marsden (1970) 2 Cal.3d 118.
On December 20, 2007, Guia pled no contest to child abuse and battery with great bodily injury and admitted the enhancements in those counts in exchange for the dismissal of the remaining count and enhancement and a lid of eight years.
On February 5, 2008, the court sentenced Guia to an aggregate term of eight years, the middle term of four years on Guia’s child abuse conviction and the middle term of four years on the great bodily enhancement, and stayed terms on the remaining count and enhancement.
Guia’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Guia has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.