P. v. Wood

Filed 6/7/06 P. v. Wood CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed.

John Doyle, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews, and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

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Arnold Jerome Wood appeals imposition of sentence following violation of probation in case No. SA045524. He maintains that: (1) his sentence should have been imposed by the judge who took his guilty plea, and (2) a personal waiver of constitutional rights was necessary, before the probation violation was submitted based on the probation officer's report and the transcript of the preliminary hearing in his new criminal case. We find merit in neither contention, and affirm.

PROCEDURAL HISTORY AND FACTS

On August 1, 2002, in case No. SA045524, appellant was charged with two counts of inflicting corporal injury on his wife, and three prior prison terms. The charges were based on two incidents of abuse that appellant's wife described to law enforcement officers, but denied at the preliminary hearing.

On September 19, 2002, before Judge Elden Fox in Department West B01 of the Los Angeles Superior Court, appellant pled nolo contendere to the two counts of spousal abuse, and one prior prison term. He chose a suspended prison sentence and probation, even though the prosecutor offered a sentence that was â€