Filed 11/5/18 P. v. Gibbons CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Tulare County. Nathan G. Leedy, Judge.

James E. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

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

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Appellant William Gibbons pled no contest to domestic violence (Pen. Code,[1] § 273.5, subd. (a)/count 1); making criminal threats (§ 422/count 2), a misdemeanor; disobeying a domestic relations court order (§ 273.6, subd. (a)/count 3), a misdemeanor; and battery (§ 242/count 4), a misdemeanor. Gibbons also admitted a great bodily injury enhancement (§ 12022.7, subd. (e)) in count 1. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On July 10, 2017, at approximately 5:30 a.m., Visalia police officers were dispatched to a residence and were informed by the reporting party that during the night he heard a man and a woman arguing loudly. He then heard the woman yell “help” multiple times before the arguing stopped.

The officers entered the residence where the arguing occurred and encountered Gibbons, who told them that his wife, A.B., and her grandchild, J.C., were in the upstairs bedroom. Gibbons also admitted that he should not be at the residence because there was an outstanding protective order against him. The officer contacted A.B. in the bedroom and observed bruising on both sides of her face, bruising and red marks on her throat, and dried blood on her lips. A.B. told the officers she was asleep in the room when Gibbons arrived, looked through her phone, and found messages he believed showed she had been unfaithful. Gibbon’s then “snapped” and attacked her as she held her three-year-old grandchild in her arms. A.B. walked downstairs and Gibbons continued assaulting her and threw her to the ground several times. Gibbons then placed his hands on her neck and choked her until she almost lost consciousness. During the assault, Gibbons struck A.B. at least 50 times and he threatened to kill her and her grandchild.

On July 12, 2017, the Tulare County District Attorney filed a complaint charging him with the enhancement and the charges he pled to except that count 2 of the complaint charged him with felony making criminal threats and count 4 charged him with child abuse (§ 273a, subd. (b)).

On September 13, 2017, after the district attorney amended count 2 to charge Gibbons with misdemeanor making criminal threats and count 4 to charge him with misdemeanor battery, Gibbons entered his plea in this matter, as noted above, in exchange for a stipulated prison term of five years and concurrent terms on two unrelated cases.

On October 12, 2017, pursuant to Gibbons’s plea agreement the court sentenced him to a five-year prison term, the lower term of two years on his corporal injury to a spouse conviction and a three-year great bodily injury enhancement, and stayed terms on the remaining counts.

On November 14, 2017, Gibbons’s appeal in this matter was filed.

Gibbons’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, supra, 25 Cal.3d 436.) Gibbons has not responded to this court’s invitation to submit additional briefing.

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

DISPOSITION

The judgment is affirmed.