Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Superior Ventura County, Super. Ct. No. 2005017476
California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
GILBERT, P.J.
Fred Edward Topper III appeals a judgment of conviction entered after he pled guilty to inflicting corporal injury on a spouse. (Pen. Code, § 273.5, subd. (a).) We appointed counsel to represent him in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) On November 15, 2007, we advised Topper that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have received a response from him contending that imposition of sentence enhancements violates constitutional principles of double jeopardy. Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we present a factual and procedural summary of the case, and a brief discussion of Topper's contention.
All further statutory references are to the Penal Code.
FACTS AND PROCEDURAL HISTORY
The prosecutor charged Topper with two counts of dissuading a witness from reporting a crime and one count of inflicting corporal injury upon a spouse. (§§ 136.1, subd. (b)(1), 273.5, subd. (a).) The prosecutor also alleged that Topper served three prior prison terms within the meaning of section 667.5, subdivision (b).
On April 13, 2007, Topper, represented by counsel, received advice of and waived his constitutional rights. He then pleaded guilty to inflicting corporal injury upon a spouse. The trial court sentenced Topper to a one-year prison term to be served consecutively to the sentence imposed in People v. Topper (Super. Ct. Ventura County, 2006, No. 2006002207.). The trial court then struck the remaining counts and the prior prison term allegations, awarded Topper three days' presentence custody credit, and imposed a $200 restitution fine and a $200 parole revocation restitution fine.
DISCUSSION
During sentencing, the trial court struck the allegations that Topper served three prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced Topper one year for one count of inflicting corporal injury upon a spouse. He is mistaken that he received punishment for the prior prison term allegations in this case.
The judgment is affirmed.
We concur: COFFEE, J., PERREN, J., Bruce A. Clark, Judge