P. v. Canfield
Filed 7/7/06 P. v. Canfield CA4/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. ROBERT SCOTT CANFIELD, Defendant and Appellant. | E037319 (Super.Ct.No. RIF 109938) OPINION |
APPEAL from the Superior Court of Riverside County. Bernard Schwartz, Judge. Affirmed with directions.
Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry J.T. Carlton, Supervising Deputy Attorney General, and Jeffrey J. Koch, Deputy Attorney General, for Plaintiff and Respondent.
Appellant Robert Canfield (Canfield) challenges portions of his conviction and sentence that resulted from an incident of domestic violence. As discussed below, we affirm the judgment of conviction on all counts but remand with directions to stay the sentence on count 3 and amend the abstract of judgment accordingly.
Statement of Facts and Procedure
Canfield was married to Rhonda C. (Rhonda). Rhonda related the following events to a responding Sheriff's deputy, which formed the basis of the charges described below. Canfield arrived home one morning after having been gone for several days and having withdrawn money from their checking account. They began to argue as he logged on to a computer in the kitchen. Canfield stood up, grabbed Rhonda by the throat and slammed her against the kitchen wall, saying, â€