Opinion
H043800
03-29-2017
THE PEOPLE, Plaintiff and Respondent, v. ANTHONY JOSEPH MURRAY, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. Nos. C1521647, C1519092, C1513040)
Defendant Anthony Joseph Murray was sentenced to four years four months in prison under a negotiated disposition of three cases for carjacking (Pen. Code, § 215) and willfully inflicting traumatic injury on his spouse, after a prior battery or assault conviction (Pen. Code, § 273.5, subd. (f)(1)). Upon defendant's timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no issues. We notified defendant of his right to submit written argument on his own behalf and received no response.
We have reviewed the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440-441.) We include here a brief description of the facts and procedural history of the case, and the conviction and punishment imposed. (People v. Kelly (2006) 40 Cal.4th 106, 123-124.) Finding no arguable issue, we will affirm the judgment.
I. TRIAL COURT PROCEEDINGS
All factual information is derived from defendant's probation report.
A. CASE NO. C1513040
Police officers responded to a domestic violence report. Defendant's wife told the police that defendant had returned with two friends to the studio apartment defendant shared with his wife. When his wife did not respond immediately to a demand, defendant called her a bitch and slapped her across the face with an open palm. Defendant pushed his wife onto the bed, which caused her to hit her head on the wall. He later placed a plastic bag over her head and prevented her from breathing until she managed to push him away. Defendant was charged with one felony count of willfully inflicting corporal injury on a spouse resulting in a traumatic condition, with a prior battery or assault conviction. (Pen. Code, § 273.5, subd. (f)(1). Unspecified statutory references are to this code.)
B. CASE NO. C1519092
Police responded to a domestic violence report at a residence. Defendant's wife told the police that defendant had pushed her onto a bed, pinned her down, and choked her with both hands until she passed out. She sustained bruises and a long scratch. Defendant was charged with two felonies: assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)), and willfully inflicting corporal injury on a spouse resulting in a traumatic condition, with a prior battery or assault conviction (§ 273.5, subd. (f)(1)). Both charges included allegations that defendant had personally inflicted great bodily injury under circumstances involving domestic violence. (§§ 12022.7, subd. (e); 1203, subd. (e)(3).)
C. CASE NO. C1521647
Police responded to a domestic violence report. Officers saw defendant walking down the street. Defendant ran from the officers. Officers caught up with him and used a "WRAP restraining device" to detain him because defendant was combative. Defendant was taken to a hospital to treat injuries he sustained when detained. At the hospital, he escaped the restraining device and fled again. Defendant got inside a car and told the driver to drive. When the driver jumped out of the car, defendant drove the car away. He was chased by officers until he crashed the car into a cement wall. Defendant remained combative, and officers used multiple Taser darts to subdue him.
Defendant was charged with carjacking (§ 215, subd. (a); count 1); assault with a deadly weapon on a peace officer (§ 245, subd. (c); count 2); felony reckless driving while fleeing police (Veh. Code, § 2800.2, subd. (a); count 3); misdemeanor hit and run (Veh. Code, § 20002, subd. (a); count 4); misdemeanor resisting arrest (§ 148, subd. (a)(1); count 5); felony resisting an executive officer (§ 69; count 6); misdemeanor injury to a spouse resulting in a traumatic condition, with a prior battery or assault conviction (§ 273.5, subd. (f)(1); count 7); and misdemeanor violation of a restraining order (§ 273.6, subd. (b); count 8).
D. PLEA AGREEMENT AND SENTENCING
The parties resolved the three cases through a global plea agreement. Defendant pleaded no contest to the inflicting corporal injury (§ 273.5, subd. (f)(1)) counts charged in case Nos. C1513040 and C1519092. Defendant also pleaded no contest to counts 1, 3, 4, 6, 7, and 8 in case No. C1521647. The remaining charges were dismissed, as were the great bodily injury special allegations in case No. C1519092.
Defendant was sentenced to four years four months in state prison (consisting of three years for carjacking in case No. C1521647 (low term; § 215, subd. (b)); and one year four months for the spousal injury count in case No. C1519092 (one-third midterm; §§ 273.5, subd. (f)(1), 1170.1, subd. (a))). Defendant received 278 days of presentence credit in case Nos. C1513040 and C1521647 based on 242 actual custody days plus 36 days conduct credit (§ 2933.1).
Defendant received concurrent sentences for his other felony convictions: two years for reckless driving (midterm; §§ 2800.2, subd. (a), 1170, subd. (h)(1)); two years for resisting an executive officer (midterm; §§ 69, 1170, subd. (h)(1)); two years for inflicting corporal injury (low term; § 273.5, subd. (f)(1)). The trial court imposed 120 days for defendants' misdemeanor convictions (counts 4, 7, and 8 of case No. C1521647), deemed served based on his presentence custody credits. --------
Regarding fines and fees, in case No. C1513040 the trial court imposed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)(1)) with an additional $300 parole revocation fine which was suspended pending successful completion of parole (Pen. Code, § 1202.45); a $40 court operations assessment (Pen. Code, § 1465.8); and a $30 court facilities funding assessment (Gov. Code, § 70373). In case No. C1519092, the court imposed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)(1)) with an additional $300 parole revocation fine which was suspended pending successful completion of parole (Pen. Code, § 1202.45); a $40 court operations assessment (Pen. Code, § 1465.8); and a $30 court facilities funding assessment (Gov. Code, § 70373). In case No. C1521647, the court imposed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)(1)) with an additional $300 parole revocation fine which was suspended pending successful completion of parole (Pen. Code, § 1202.45); a $240 court operations assessment (Pen. Code, § 1465.8); a $180 court facilities funding assessment (Gov. Code, § 70373); a $4 emergency medical air transportation penalty (Gov. Code, § 76000.10, subd. (c)(1)); and a $129.75 criminal justice administration fee (Gov. Code, §§ 29550, 29550.1). The court ordered $16,100.33 in victim restitution to the victim of the carjacking.
We have reviewed the entire record and find no arguable issue.
II. DISPOSITION
The judgment is affirmed.
/s/_________
Grover, J.
WE CONCUR:
/s/_________
Rushing, P. J. /s/_________
Premo, J.