Opinion
UNPUBLISHED
Marin County Super. Ct. No. SC149429A
OPINION
Siggins, J.
Carl Kelly appeals his conviction following his guilty plea to charges stemming from an incident of domestic violence. Counsel has briefed no issues and asks for record review of the proceedings that led to defendant’s conviction. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental brief. We have reviewed the record and affirm.
According to the probation report, police responded to a domestic violence report and heard a man and woman arguing inside an apartment. They saw defendant holding the female victim on the bed in a headlock while she was struggling to get away. Defendant and the victim had returned to the apartment after drinking at a local bar, and got into an argument over defendant’s treatment of the victim’s pet cat. When the victim grabbed defendant to keep him from hurting her cat, defendant pushed her and punched her in the eye, which became bruised and swollen. Defendant choked the victim, pinned her on the bed, and said he was going to kill her. When she tried to call 911, defendant pulled her cell phone away and threw it on the floor. The phone came apart and the battery fell out. The victim was very frightened, and believed defendant might have killed her if the police had not arrived and intervened.
The victim also suffered minor scratches and bruises on her arms, and pain on the left side of her jaw.
Defendant was charged with assault by means likely to cause great bodily injury, making criminal threats, dissuading a witness from reporting a crime, and injuring a wireless communication device. The information also alleged prior convictions, a prior prison term, and a prior serious felony conviction. After the court indicated it would reduce the second and third counts to misdemeanors at the time of sentencing and would consider a motion to dismiss the prior strike allegation pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, defendant waived his constitutional rights and pled guilty as charged.
After it took defendant’s plea, the court heard and denied the Romero motion without prejudice to reconsideration at the time of sentencing. At sentencing, the court again denied the Romero motion, and sentenced defendant to seven years in state prison, with 241 days of prejudgment credit. The court imposed $1,200 restitution fines and an $80 court security fee. Defendant was also ordered to provide specimens pursuant to Penal Code section 296. Defendant timely appealed.
The court imposed the midterm of three years for the assault, doubled to six years under the three strikes law, with an additional year for the prior prison term allegation. The court reduced the criminal threats and witness dissuasion counts to misdemeanors, and imposed consecutive county jail terms of 90 days and 30 days, respectively. In calculating defendant’s custody credits, the court deducted the 120-day county jail sentence from defendant’s 361 days’ credit, for a balance of 241 days of prejudgment credits. The court stayed punishment on the conviction for injuring a wireless communication device under Penal Code section 654.
Defendant was represented by counsel at all stages of the proceedings. He was fully advised of his rights, and of the consequences of his plea. There was no error in the sentence imposed. Appellate counsel advised defendant of his right to file a supplemental brief in this court within 30 days of counsel’s opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur: Pollak, Acting P.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.