P. v. Chase

Filed 5/18/06 P. v. Chase CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION THREE

Eugene Parker Chase timely appeals from a judgment sentencing him to four years in state prison pursuant to a plea agreement. On April 25, 2005, Chase pleaded no contest to one count of inflicting corporal injury on a cohabitant. (Pen. Code § 273.5, subd. (a).)[1] Chase's appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 identifying no potentially arguable issues. We have reviewed the entire record, and we agree with counsel's assessment that there is no issue warranting further briefing.

At the January 28, 2005 preliminary hearing, Chase's former girlfriend, Linda, testified regarding the incident which was the subject of Chase's no contest plea. Chase was living with Linda. On June 13, 2003, they were in Chase's company van in a parking lot near a beach when they started arguing. After the argument started to get loud and to scare Linda, she got out of the van and tried to get into her own van parked nearby. Chase grabbed her by her shoulders. Linda reacted by shoving Chase; he fell to the ground. Linda got into her van. Chase got up from the ground, angrier than before. He tried to get into Linda's van and Linda tried to push him away. While Chase and Linda struggled with the van's door, Linda's hand was injured and started bleeding. Chase then punched Linda in the face, causing her canine tooth to puncture her lip. A surfer showed up and distracted Chase long enough for Linda to close her van door. The police came as Linda was driving toward a nearby parking lot where she had some friends.

The February 10, 2005 information charged Chase with eight counts relating not only to the June 13, 2003 incident, but also to other incidents in 2003 and 2004 involving Linda and Linda's mother: three counts of threatening to commit a crime resulting in death or great bodily injury (§ 422), each with a serious felony allegation (§ 1192.7, subd. (c)(38)); three counts of willfully inflicting a corporal injury on a cohabitant (§ 273.5, subd. (a)); one count of misdemeanor willfully drawing or exhibiting a deadly weapon (§ 417, subd. (a)(1)); and one count of attempting to prevent or dissuade a victim from reporting to police (§ 136.1, subd. (b)(1)) with a serious felony allegation (§ 1192.7, subd. (c)(37)). The information also alleged three priors, the first one within the meaning of section 1203, subdivision (e)(4), and the second one within the meaning of section 1170.12, subdivision (c)(1). On February 15, 2005, Chase entered a plea of not guilty to all counts of the information.

On April 25, 2005, Chase completed a change of plea declaration containing a waiver of rights, and entered a no contest plea to one count of section 273.5, subdivision (a). As part of this plea agreement, Chase also admitted the first prior alleged in the information for purposes of section 1203, subdivision (e)(4), and admitted the second prior as a strike (§ 1170.12, subd. (c)(1)). Chase was advised by his attorney and the court that the maximum sentence he could receive under his plea bargain was four years in state prison, consisting of the low term of two years doubled pursuant to the second strike provision of section 1170.12.

At the sentencing hearing on July 7, 2005, Chase moved pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike the allegation in the information based on his 1986 conviction under sections 245, subdivision (a)(1) and 12022.7 for felony assault with infliction of great bodily injury. The trial court denied Chase's Romero motion, stating his prior strike did not fall outside the spirit of the three strikes law.

Pursuant to the plea agreement, the trial court sentenced Chase to a total of four years in state prison, consisting of two years for violation of section 273.5, subdivision (a) (the lower term), doubled pursuant to section 1170.12, subdivision (c)(1). The court ordered $1,485 be paid to the victim in restitution, plus restitution to the victim's mother[2] in an amount to be determined through the Victim State Compensation Claims Board (§ 1202.4, subd. (f)); imposed and suspended a $200 parole revocation restitution fine (§ 1202.45); imposed a $200 restitution fund fine (§ 1202.4, subdivision (b)) and ordered Chase to pay a $20 security fee (§ 1465.8). The court also ordered Chase to have no contact with the victim for three years, and ordered genetic marker testing (§ 296). Chase received presentence credit for 368 actual days in custody, plus 184 days local conduct credit, for a total of 552 days.

DISPOSITION

The judgment is affirmed.

_________________________

Parrilli, Acting P. J.

We concur:

_________________________

Pollak, J.

_________________________

Siggins, J.

Publication courtesy of San Diego free legal advice.

Analysis and review provided by Santee Apartment Manager Lawyers.

[1] Further statutory references are to the Penal Code unless otherwise indicated.

[2] The victim's mother was alleged in counts five and six of the information to also be a victim of Chase's crimes.