Opinion
F062607 Super. Ct. No. F11902185
12-19-2011
THE PEOPLE, Plaintiff and Respondent, v. CLIFTON ELIJAH TERRY, Defendant and Appellant.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
THE COURT
Before Wiseman, Acting P.J., Levy, J., and Franson, J.
APPEAL from a judgment of the Superior Court of Fresno County. Dale Ikeda, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Appellant, Clifton Elijah Terry, appeals from a judgment entered after he pled no contest to domestic violence (Pen. Code, § 273.5, subd. (a)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441, we affirm.
All further statutory references are to the Penal Code.
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FACTUAL AND PROCEDURAL HISTORY
On December 6, 2010, while walking to an apartment in Fresno with his girlfriend, who was holding their one-year-old son, Terry told her that she was pathetic. When she replied that he was pathetic, Terry punched her five to six times on the face and head knocking her to the ground. Terry continued to beat his girlfriend as she lay on the ground holding their son until several bystanders intervened. Terry's girlfriend suffered two deep gashes on her forehead that required stitches to close.
On April 21, 2011, the district attorney filed a complaint charging Terry with assault by means of force likely to produce great bodily injury (count 1/§ 245, subd. (a)(1)), domestic violence (count 2), battery with serious bodily injury (count 3/§ 243, subd. (d)), and cruelty to a child by endangering their health (count 4/§ 273a, subd. (b)). The complaint also alleged a great bodily injury enhancement under circumstances involving domestic violence (§ 12022.7, subd. (e)) in count 2 and two prior prison term enhancements (§ 667.5, subd. (b)).
On April 26, 2011, Terry entered his no contest plea to the domestic violence count in exchange for the dismissal of the remaining counts and enhancements and a maximum term of three years.
On May 25, 2011, the court sentenced Terry to the middle term of three years.
Terry'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, supra, 25 Cal.3d 436.) Terry has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.