P. v. Carver
Filed 6/6/06 P. v. Carver CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JOSEPH WILLIAM CARVER, Defendant and Appellant. | E039085 (Super. Ct. No. FVI021222) OPINION |
APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin, Judge. Affirmed.
Leonard J. Klaif, 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, Peter Quon, Jr., Supervising Deputy Attorney General, Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
Alleging that his due process rights were violated when the court sentenced him to the upper term for his offenses based on facts neither admitted by him nor found by a jury, defendant Joseph William Carver (defendant) seeks remand and resentencing. We will affirm.
FACTS AND PROCEDURAL HISTORY[1]
On March 25, 2005, defendant assaulted and severely injured his wife and her 84-year-old grandmother. A jury found him guilty of one count each of felony spousal abuse (Pen. Code, § 273.5, subd. (a))[2] and elder abuse (§ 368, subd. (b)(1)), plus misdemeanor vandalism (§ 594) and assault (§ 240). Defendant admitted a prior â€
