P. v. Davis

Filed 1/19/07  P. v. Davis CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

                        Appeal from a judgment of the Superior Court of Orange County, Stephanie A. George, Judge.  Dismissed.

                        Anna M. Jauregui, under appointment by the Court of Appeal, for Defendant and Appellant.

                        No appearance for Plaintiff and Respondent.

*                      *                      *

                        We appointed counsel to represent defendant Dustin Davis on appeal.  Counsel filed a brief that set forth a statement of the case.  Counsel did not argue against the client, but advised the court she found no issues to argue on his behalf.  Defendant was given 30 days to file written argument in his own behalf.  That period has passed, and we have received no communication from him.

                        We have examined the record pursuant to People v. Wende (1979) 25  Cal.3d 436.  A felony complaint charged defendant with felony child abuse (Pen. Code, §  273a, subd. (a)) committed on or about December 9, 2005, and alleged he personally inflicted great bodily injury on a child under age five (Pen. Code, §  12022.7, subd. (d)).  On June 14, 2006, prior to a preliminary hearing, defendant pleaded guilty.  He supplied a factual basis stating that he willfully and unlawfully injured his one-year-old daughter under circumstances and conditions likely to produce great bodily injury, and that he personally inflicted great bodily injury on her in commission of the felony offense.  In open court, he acknowledged he had read, discussed with his lawyer, and signed an â€