P. v. Sheafe

Filed 7/18/06 P. v. Sheafe 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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, Pamela L. Iles, Judge. Affirmed.

Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

* * *

Defendant Adam Christopher Sheafe appeals his sentence following the revocation of his probation, arguing the court erroneously sentenced him to the middle term on the underlying charge. We find no abuse of discretion and affirm.

I

FACTS

In December 1999, defendant was charged with one count of inflicting corporal injury upon a spouse. (Pen. Code, § 273.5, subd. (a); subsequent statutory references are to the Penal Code.) It was further alleged that he inflicted great bodily injury upon the victim and that the offense was a serious felony. (§§ 12022.7, subd. (a), 1192.7, subd (c)(8).) The charge arose from an incident between defendant and his wife, who were experiencing difficulties as a result of their respective substance abuse problems.

In January 2000, the defendant pled guilty and admitted the enhancements. The offense carried a maximum sentence of nine years, however, as part of a plea agreement, the trial court suspended imposition of sentence and placed defendant on five years formal probation. Among other conditions, defendant was required to serve one year in county jail and to pay restitution. The court noted: â€