P. v. Risinger

























Filed 7/10/13
P. v. Risinger 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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)

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>

THE PEOPLE, Plaintiff and Respondent, v. MAX VAN RISINGER III, Defendant and Appellant.

C073141 (Super. Ct. No. CM036012)

On
March 25, 2012, Butte County Police Officer Stephen Dyke responded to a
report of “a domestic violence situation”
at an apartment in Chico, California.

At the
apartment, Officer Dyke spoke with S. P.
S. P. told Officer Dyke that earlier that night she and defendant
argued. The argument became physical. S. P. attempted to get away from defendant but
was unsuccessful and defendant punched her in the face with a closed fist. According to S. P., when defendant punched
her, she lost consciousness and fell to the ground. People heard S. P. screaming for help; they
went outside and saw defendant walking away from the victim who was on the
ground just in front of her apartment door.


Officer
Dyke saw that S. P. had “abrasions” on the palms of her hands and two scratches
on her right arm. When defendant was
arrested two days later, the arresting officer saw a bruise on the victim’s
face. The victim dismissed the bruise on
her face as excess make up.

Defendant
was charged with inflicting corporal injury on a cohabitant, spouse, or child’s
parent. It was further alleged that
defendant was previously convicted of battery resulting in serious bodily
injury and previously served a term in prison.
Defendant pled guilty to the current charge and admitted both
enhancement allegations.

Defendant
was sentenced to an aggregate term of five years in state prison. He was ordered to pay various fines and fees
and was awarded 173 days of custody credit (87 actual and 86 conduct). Defendant appeals without a certificate of
probable cause.

Counsel
filed an opening brief setting forth
the facts of the case and asking this court to review the record to determine
whether there are any arguable issues on appeal. (People
v. Wende (1979) 25 Cal.3d
436.) Defendant was advised by counsel
of the right to file a supplemental brief
within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no
communication from defendant.

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





ROBIE , J.



We concur:





RAYE , P. J.





NICHOLSON , J.