P. v. Brown
Filed 6/29/06 P. v. Brown CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. DANA LAMAR BROWN, Defendant and Appellant. |
A112876
(Solano County Super. Ct. No. VCR170062) |
Defendant Dana Lamar Brown appeals the sentence imposed following his conviction by no contest plea to corporal injury to a child with personal infliction of great bodily injury on a child under the age of five (Pen. Code, §§ 273d, subd. (a), 12022.7, subd. (d))[1] and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)). In accordance with a negotiated disposition, appellant was sentenced to 10 years in state prison. Appellant's counsel has requested that this court independently review the record on appeal to determine if any arguable issue exists. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.)[2]
Background[3]
On October 12, 2003, Benicia police officers were dispatched to a residence regarding a child with an unknown medical condition. When police arrived, the 23-month-old child was lying on the floor conscious, but unresponsive and with a red mark on its neck. At the hospital, the examining physician reported that the child had sustained numerous skull fractures, resulting from multiple blows to the head. The entire right side of the child's head was fractured, with almost every bone broken. The child also suffered soft tissue damage, bleeding, swelling and contusions of the brain, and bruising on the neck consistent with choking. The doctor found that the child was at risk for long-term brain damage.
The child's mother, who was in a dating relationship with appellant, told police that appellant was angry because the child is not Caucasian, and appellant made derogatory comments about the child. In the early morning hours that day appellant had choked and assaulted the child's mother and had thrown blankets over the child to get him to stop crying. When the child's mother awoke in the morning she found appellant leaning over the child who appeared to have trouble breathing. When she went to check on the child, appellant told her to get away.
Appellant, who was on probation on another case at the time of the instant offenses, was arrested four days later. He told the probation officer he was sorry for what happened to the child and the child's mother and wished that night had never happened.
In July 2004 and March 2005 appellant's motions for substitute counsel (People v. Marsden (1970) 2 Cal.3d 118) were denied without prejudice. On May 5, 2005, the court granted appellant's Marsden motion and new counsel was appointed.
In October 2005, appellant executed a change of plea form in which he agreed to plead no contest to the section 273d, subdivision (a) and 245, subdivision (a)(1) offenses and admit the section 12022.7, subdivision (d) enhancement in exchange for a 10-year prison sentence, with none of the offenses to constitute â€
