PEOPLE v. ARNETT
Filed 5/31/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Modoc)
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THE PEOPLE, Plaintiff and Respondent, v. ROBERT DWAYNE ARNETT, Defendant and Appellant. | C047855 (Super. Ct. No. F03440) |
APPEAL from a judgment of the Superior Court of Modoc County, Larry L. Dier, J. Affirmed.
Barbara Coffman, 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, John G. McLean and R. Todd Marshall, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Robert Dwayne Arnett was found guilty by a jury of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)‑ ‑ count 1)[1] and battery with serious bodily injury (§ 243, subd. (d)‑ ‑ count 2). In a bifurcated proceeding, the trial court found defendant had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subd. (b)) and a prior serious felony conviction (§ 667, subd. (a)(1)). Probation was denied and defendant was sentenced to serve 13 years in state prison, consisting of a four-year upper term for violation of section 243, subdivision (d), doubled based on defendant's prior strike conviction (§ 667, subd. (e)(1)), plus five years for the prior serious felony enhancement (§ 667, subd. (a)). An eight-year term on the remaining count was stayed pursuant to section 654.
Defendant appeals, raising numerous claims. Finding none of these meritorious, we shall affirm.
FACTUAL BACKGROUND
The victim, John Walton, had been acquainted with defendant for 20 years. Walton's niece Victoria lived upstairs in the same apartment complex as defendant's girlfriend/fiancé, A.G. Defendant lived there with A.G., her two children (seven-year-old F.H. and 11-year-old B.H.) and his son (11-year-old S.A.).
Victoria asked Walton to come over and talk to defendant, who was depressed because he thought he found A.G. with another man. Walton agreed and went to A.G.'s apartment to talk to defendant, where he found him lying on a bed and unresponsive. According to A.G., defendant had been drinking â€
