P. v. Wride

Filed 4/13/06 P. v. Wride CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. David Gottlieb, Judge.

Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

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STATEMENT OF THE CASE

On July 1, 2004, the Fresno County District Attorney filed an information in superior court charging appellant as follows: count I--corporal injury to spouse/cohabitant with a prior conviction (Pen. Code,^[1] § 273.5, subd. (e)) and with great bodily injury (§ 12022.7, subd. (e)); count II--criminal threats (§ 422) with personal use of a deadly and dangerous weapon (§§ 1192.7, subd. (c)(23), 12022, subd. (b)(1)); count III--assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)); and counts IV and V--resisting an executive officer (§ 69). The district attorney specially alleged appellant had sustained two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), a prior felony conviction (§ 667, subd. (a)(1)), and a prior prison term (§ 667.5, subd. (b)).

On July 8, 2004, appellant was arraigned, pleaded not guilty to the substantive counts, and denied the special allegations.

On August 27, 2004, appellant entered into a â€