Filed 8/11/17 P. v. Her CA3
NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

KOU HER,

Defendant and Appellant.
C082745

(Super. Ct. No. 16CF02223)





Appointed counsel for defendant Kou Her has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On June 4, 2016, defendant returned intoxicated to his camper. His girlfriend was inside. Defendant accused his girlfriend of stealing his wallet and hit her head 10 times with his open hand until she fell down. Defendant then sat on her chest and strangled her. She felt her eyes bulge and lips turn blue, and she thought she was going to die. She uncontrollably urinated and defecated, but she did not lose consciousness. Angry that his girlfriend had urinated and defecated, defendant got up. He went outside, broke the handle off of a shovel, and came back inside. Defendant then thrust the end of the shovel into his girlfriend’s head, stomach, arms, and vagina through her clothes. Her clothes prevented the shovel from penetrating her vagina. Defendant’s girlfriend ran out of the trailer, through a wooded area, and found a ride to her son’s house.
A complaint was filed on June 16, 2016, charging defendant with assault with a deadly weapon, with the special allegation that defendant had personally used a deadly weapon in the commission of the offense (Pen. Code, §§ 245, subd. (a)(1), 1192.7, subd. (c)(23)), and domestic violence (§ 273.5, subd. (a)). It was also alleged that defendant had served a prior prison term within the meaning of section 667.5, subdivision (b).
On July 6, 2016, defendant pleaded guilty to assault with a deadly weapon. The prior prison term allegation was dismissed on motion by the People and the remaining allegations were dismissed with a Harvey waiver. On August 3, 2016, the trial court sentenced defendant to the upper term of four years in state prison. The trial court also imposed various fines and fees, including a $300 restitution fine (§ 1202.4, subd. (b)), a $300 parole revocation fine (suspended unless parole is revoked) (§ 1202.45), a $40 court operations assessment fee (§ 1465.8), and $30 conviction assessment fee (Gov. Code, § 70373). Defendant was awarded 52 actual days and 52 days of conduct credit for a total of 104 days of presentence custody credit.
Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.



BUTZ , Acting P. J.



We concur:



MURRAY , J.



RENNER , J.