P. v. Garcia
Filed 5/10/06 P. v. Garcia 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. ANTHONY GARCIA, Defendant and Appellant. | B183557 (Los Angeles County Super. Ct. No. GA060129) |
APPEAL from a judgment of the Superior Court of Los Angeles County.
Lisa B. Lench, Judge. Affirmed.
David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
On January 14, 2005, after Anthony Garcia (appellant) had grabbed her by the neck, chocked her, pushed her to the floor, kicked her, and hit her on the head with a bat, Arlene Salazar called 911 for help. The tape of the 911 call was played for the jury. The police arrived and found appellant in Salazar's apartment. He appeared to be under the influence of a stimulant and field tests were consistent with than observation. Salazar had minor bruises and bumps consistent with her description of the events.
Appellant, was charged with corporal injury to a cohabitant (Count 1; Pen. Code § 273.5, subd. (a)) and assault with a deadly weapon and by means likely to produce great bodily injury (Count 2; Pen. Code § 245, subd. (a)(1).) As to count 2, it was further alleged that appellant personally used a deadly and dangerous weapon, to wit, a baseball bat, within the meaning of Penal Code section 12022, subdivision (b)(1). In addition, it was alleged that appellant had suffered a prior serious or violent felony conviction (Pen. Code § 1170.12, subds. (a) through (d) and Pen. Code § 667, subds. (b) through (i)) and had served three prior prison terms (Pen. Code § 667.5, subd. (b)).
On April 19, 2005, a jury trial commenced. On April 25, 2005, the jury found appellant not guilty of Count 1 and guilty of Count 2. As to Count 2, the jury found the allegation of use of a deadly or dangerous weapon to be true. In a court trial, the trial judge found the prior conviction allegations to be true.
On May 20, 2005, the court sentenced appellant to nine years in state prison; low term of two years on Count 2, doubled to four years, plus five years pursuant to Penal section 667, subdivision (a)(1). The court imposed a restitution fine of $200 pursuant to Penal Code section 12022.4, subdivision (b); an additional $200 restitution fine was imposed and stayed pursuant to Penal section 1202.45. Appellant was awarded credit for time served of 126 actual days and 62 days conduct credits, for a total of 188 days.
On May 20, 2005, a timely notice of appeal was filed.
We appointed counsel to represent appellant on appeal. After examination of the record, On January 27, 2006, counsel filed an â€
