Filed 3/8/18 P. v. Nolan CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

PRESTON JAMES NOLAN III,

Defendant and Appellant.


E069126

(Super.Ct.No. FVI17000475)

O P I N I O N


APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin, Judge. Affirmed.
Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A jury convicted defendant and appellant, Preston James Nolan III, of inflicting injury upon a spouse or cohabitant (count 1; Pen. Code, § 273.5, subd. (a)) and


misdemeanor false imprisonment (count 2; Pen. Code, § 263), the lesser included offense of the count 2 charge of false imprisonment by violence. The court sentenced defendant to four years of incarceration.
After defense counsel filed a notice of appeal, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the facts and a statement of the case. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On December 22, 2016, a San Bernardino sheriff’s dispatcher received a 911 call from the victim in which the victim said, “my boyfriend has beaten me up real badly, and he’s in my house . . . .” The victim further indicated her boyfriend, whom she identified by defendant’s name, “used his hands and his fists. I have a black eye. My face is split open.” She said her face was bleeding where it was split open. The victim reported that the incident had occurred two hours earlier, but she could not get to the phone at that time. She said her boyfriend was asleep at the time she was calling.


The officer dispatched to the scene made contact with the victim. The victim was bleeding from a laceration to her right cheek or lower right eye. She told the officer she had been in an altercation with her boyfriend, defendant, during which he threw a phone at her and punched her in the face several times, causing her to fall to the ground. The victim got up and ran into the bathroom.
Defendant prevented the victim from leaving the bathroom by standing in the doorway. He told her she could not leave. Defendant said, “‘You caused me to do this.’” The victim told the officer she waited until defendant fell asleep when she felt safe enough to call 911.
The victim told the officer defendant was probably in the bedroom. Upon checking the bedroom, the victim said defendant had fled out the garage. The officer checked the garage; he found the side door leading to the backyard open; he found defendant in the backyard. The officer handcuffed defendant and secured him in the officer’s patrol vehicle.
The officer took pictures of the victim that night which were admitted into evidence. The victim went to the hospital that night where she received four stitches. At the time of the trial, she still had a scar from the injury.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER
Acting P. J.


We concur:

MILLER
J.

SLOUGH
J.