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P. v. Arrowood CA5

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P. v. Arrowood CA5
By
11:08:2018

Filed 8/28/18 P. v. Arrowood CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

JOHN ROBERT ARROWOOD,

Defendant and Appellant.

F075448

(Super. Ct. No. CRF51190)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge.

Melissa Baloian Sahatjian, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appellant John Robert Arrowood appeals from his conviction for felony domestic violence (Pen. Code, § 273.5, subd. (a)),[1] felony making criminal threats (§ 422, subd. (a)), and a great bodily injury enhancement (§ 12022.7, subd. (a)).

FACTUAL AND PROCEDURAL BACKGROUND

On August 19, 2016, appellant, who had been drinking, threatened to kill the victim, his wife, punched and hit her in the chest and shoulders, and threw her into the kitchen wall. The victim suffered bruising and swelling to her face, including a welt on her forehead.

On March 7, 2017, a jury convicted appellant of felony domestic violence (§ 273.5, subd. (a)/count 1) and felony making criminal threats (§ 422, subd. (a)/count 2). The jury found true the allegation as to count 1 that appellant inflicted great bodily injury on the victim within the meaning of section 12022.7, subdivision (e).

On April 5, 2017, the trial court denied probation and sentenced appellant as follows: the midterm of three years on count 1, with an additional three years for the great bodily injury enhancement, to be served consecutive to the sentence imposed on count 1. As to count 2, the court imposed a term of two years, to be served concurrent to count 1. The court imposed a restitution fine of $2,100 (§ 1202.4, subd. (b)), and a $2,100 suspended probation fine (§ 1202.45).

Appellant filed a notice of appeal in the Tuolumne County Superior Court on April 7, 2017.

Appellant’s appellate counsel has filed a brief that summarizes the facts, with

citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Appellant has not responded to this court’s invitation to submit additional briefing.

DISCUSSION

Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.


* Before Detjen, Acting P.J., Smith, J. and Snauffer, J.

[1] All statutory references are to the Penal Code.





Description Appellant John Robert Arrowood appeals from his conviction for felony domestic violence (Pen. Code, § 273.5, subd. (a)), felony making criminal threats (§ 422, subd. (a)), and a great bodily injury enhancement (§ 12022.7, subd. (a)).
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