P. v. Walker

Filed 7/20/06 P. v. Walker CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

Defendant pleaded no contest to two counts of spousal abuse, assault with a firearm, and false imprisonment, arising from four separate incidents in which his wife was the victim. He also admitted personally inflicting great bodily injury on his wife in connection with the spousal abuse counts. On appeal, defendant contends that the trial court erred in: (1) denying him a competency hearing based on his behavior and statements on the date set for trial; (2) imposing sentence enhancements under Penal Code[1] section 12022.7, subdivision (e); and (3) failing to stay the enhancements under section 654. Finding no error, we affirm the judgment.

I. BACKGROUND

Defendant was charged with two counts of spousal abuse (§ 273.5, subd. (a); counts 1 & 6), two counts of assault by force likely to produce great bodily injury (§ 245, subd. (a)(1); counts 2 & 7), two counts of false imprisonment (§ 236; counts 4 & 9), making a criminal threat (§ 422; count 3), assault with a firearm (§ 245, subd. (a)(2); count 5), and battery (§ 243, subd. (d); count 8). The information further alleged that defendant had inflicted great bodily injury in circumstances involving domestic violence on both counts of spousal abuse and both counts of assault by force likely to produce great bodily injury (§ 12022.7, subd. (e)), that defendant had suffered four prior convictions (§ 667, subd. (a)) that qualified as strikes (§ 1170.12, subd. (c)(2)), and that he had served one prior prison term (§ 667.5, subd. (b)). Defendant initially pleaded not guilty to all counts and denied the enhancement allegations.

A. Factual Summary of the Offenses

The following is based on evidence presented at defendant's preliminary hearing: On January 23, 2004, defendant punched his wife in the head six to nine times and choked her until she lost consciousness. When she regained consciousness a few minutes later, he hit her again. She had a one and one-half inch cut on her forehead and blood and bruising around her ear.

Sometime in late 2003, defendant played â€