Filed 7/26/17 P. v. Clayton CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

EDWARD LEE CLAYTON,

Defendant and Appellant.


E067288

(Super.Ct.No. FSB1503284)

OPINION


APPEAL from the Superior Court of San Bernardino County. Dwight W. Moore, Judge. Affirmed.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On February 8, 2016, a second amended information charged defendant and appellant Edward Lee Clayton with battery with serious bodily injury under Penal Code section 243, subdivision (d) (count 1); assault by means likely to produce great bodily injury under Penal Code section 245, subdivision (a)(4) (count 2); and injuring a spouse, cohabitant, fiancé, boyfriend, girlfriend, or child’s parent under Penal Code section 273.5, subdivision (a). As to counts 2 and 3, the information also alleged that defendant personally inflicted great bodily injury upon the victim under circumstances involving domestic violence. (Pen. Code, § 12022.7, subd. (e)). The information further alleged that defendant suffered one serious felony prior and one strike prior.
On September 22, 2016, defendant pled guilty to count 2, assault by means likely to produce great bodily injury under Penal Code section 245, subdivision (a)(4); admitted that he personally inflicted great bodily injury under circumstances involving domestic violence under Penal Code section 12022.7, subdivision (3); and admitted the strike prior. In exchange for the guilty plea, the parties stipulated to a seven-year prison sentence and agreed that the remaining charges would be dismissed.
Also on September 22, defendant was sentenced pursuant to the plea agreement as follows: the low term on count 2, doubled to four years for the prior strike, plus the low term of three years for the enhancement, for a total of seven years. The court dismissed the remaining counts and allegations.
On November 8, 2016, the trial court received a handwritten motion from defendant seeking to withdraw his guilty plea under Penal Code section 1018. The court set a hearing date for December 6, 2016.
In this court on November 17, 2016, defendant filed a timely notice of appeal and attached his motion to withdraw his guilty plea. On March 22, 2017, defendant filed a motion to amend the notice of appeal. On April 11, 2017, we granted the motion and deemed the notice amended to include grounds for the appeal, including sentencing errors, occurring after entry of the plea, which do not challenge its validity.
B. FACTUAL HISTORY
At approximately 11:30 p.m. on September 22, 2015, San Bernardino County Deputy Shannon Deasey was dispatched on a 911 call regarding a battery. When Deputy Deasey contacted her, the victim indicated defendant had beaten her; there was bruising and swelling to her face and right eye. The victim could not recall how many times defendant hit her.
The victim sustained injuries to her face and mouth; she had a black eye. Deputy Deasey had the victim transported to Loma Linda University Medical Center. The victim’s CT scan showed that the victim sustained a complex fracture with fracture lines extending into the right orbital floor; and upper and lower jaw fractures. The victim experienced extensive facial swelling, and bruising, and a fracture to her eye socket.
Deputy Deasey found defendant sleeping behind a YMCA. Defendant told the deputy that he and the victim were in a relationship. They had a verbal argument, which escalated into a physical altercation. Defendant could not recall how many times he hit the victim; he stated that he just “‘couldn’t take her shit anymore.’”
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS


MILLER
Acting P. J.


We concur:


CODRINGTON
J.


FIELDS
J.