Opinion
NOT TO BE PUBLISHED
Lake County Super. Ct. No. CR915192
SIMONS, J.
Defendant Ronald Raymond Stephanson pled guilty to one felony count of inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) and was sentenced to four years in prison. Defendant’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplementary brief. We find no arguable issues and affirm.
All undesignated section references are to the Penal Code.
BACKGROUND
Because no preliminary hearing was held before entry of defendant’s guilty plea, the following facts are taken from the probation department’s presentence report.
On February 20, 2008, “defendant knocked [his girlfriend] to the floor, and while straddling her, repeatedly struck her about the facial area causing a fracture to her right cheekbone. . . . [A]t one point, the defendant told her to take out her false teeth, and when she complied he continued hitting her.” Defendant then dialed 911 to seek medical assistance for the victim.
Defendant waived a preliminary hearing and was charged by information with one felony count of inflicting corporal injury on a cohabitant (§ 273.5, subd. (a)) (count one) and one felony count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)) (count two). The information further alleged a great bodily injury enhancement (§ 12022.7, subd. (e)) and a prior prison term (§ 667.5, subd. (b)).
Pursuant to a plea agreement, defendant waived his constitutional rights and pled guilty to inflicting corporal injury on a cohabitant. The remaining count and enhancement allegations were dismissed with a Harvey waiver. The trial court also dismissed charges in two unrelated cases, again with a Harvey waiver. The court sentenced defendant to the upper term of four years in prison for count one.
People v. Harvey (1979) 25 Cal.3d 754.
DISCUSSION
We have reviewed the entire record and have found no arguable appellate issues. Defendant was adequately represented by legal counsel throughout the proceedings. Defendant completed a plea form that described the constitutional rights he was waiving by entering a plea of guilty and, before defendant entered his plea, the trial court confirmed that he understood those rights. Defendant freely and voluntarily pled guilty to count one. Defense counsel accepted the factual basis for the plea offered by the prosecutor.
The trial court’s sentence was appropriate in light of the facts and defendant’s record, and the sentence did not exceed the maximum identified in the plea agreement. Defendant received all the custody credits to which he was entitled. The restitution fines imposed by the court were proper.
Appellate counsel advised defendant of his right to file a supplementary brief to bring to the court’s attention any issue he believed deserved review. (People v. Kelly (2006) 40 Cal.4th 106.) Defendant did not file a supplementary brief. There are no legal issues that require further briefing.
DISPOSITION
The judgment is affirmed.
We concur. JONES, P.J., STEVENS, J.
Retired Associate Justice of the Court of Appeal, First District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.