P. v. Carter
Filed 3/27/06 P. v. Carter CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO
| THE PEOPLE, Plaintiff and Respondent, v. ANITA KAY CARTER, Defendant and Appellant. | E037538 (Super.Ct.No. RIF 115450) OPINION |
APPEAL from the Superior Court of Riverside County. Patrick F. Magers, Judge. Affirmed.
Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Erika Hiramatsu, Deputy
Attorney General, and Robert M. Foster, Supervising Deputy Attorney General, for Plaintiff and Respondent.
1. Introduction
A jury found defendant Anita Kay Carter guilty of one count of felony child abuse (Pen. Code, § 273a, subd. (a))[1] and three counts of misdemeanor child abuse (§ 273a, subd. (b)). The jury also found that, as to the felony count, defendant inflicted great bodily injury. (§ 12022.7.) The court sentenced defendant to the upper term of six years for the felony count, a middle term of five years for the great bodily injury enhancement, and concurrent terms for the misdemeanor counts.
Defendant's sole claim on appeal is that the court violated her constitutional rights by selecting the upper term based on factors not found by a jury beyond a reasonable doubt. As anticipated by defendant, we are bound to follow our high court's decision in People v. Black (2005) 35 Cal.4th 1238. We affirm the judgment.
2. Factual and Procedural History
In June of 2003, Child Protective Services placed with defendant her four nieces and nephew, including two-year-old Ruby. At the time, defendant also lived with her husband, an adopted child, her adult daughter, and her daughter's child.
Defendant spanked her nieces and nephew with her hand or hit the children with a belt on a regular basis. As a form of punishment, defendant had the children stand in the corner and do squats (â€
