P. v. High
Filed 2/28/07 P. v. High CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Calaveras)
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THE PEOPLE, Plaintiff and Respondent, v. JOHN BLEWFORD HIGH, Defendant and Appellant. | C052726 (Super. Ct. No. F3643) |
Pursuant to a negotiated settlement, defendant John Blewford High pled guilty to corporal injury on a spouse or cohabitant and admitted a prior conviction for the same offense (Pen. Code, 273.5, subds. (a), (e)(1)).[1] His plea and admission were given in exchange for a state prison sentence of no greater than the middle term of four years, the option to argue for probation, the dismissal of two other counts, and the dismissal of an enhancement for service of a prior prison term.
At sentencing, the court observed that defendant was not eligible for probation unless the court found unusual circumstances for the granting of probation, and the court did not so find. The court also observed that even in the absence of the unusual circumstance limitation on probation, the court would not have granted defendant probation because of his extensive prior conviction record, which included two felony convictions and several misdemeanor convictions.
The court sentenced defendant to the middle term of four years, and imposed restitution fines of $400 each in accordance with Penal Code sections 1202.4 and 1202.45 and a court security fee of $20 (Pen. Code, 1465.8). The trial court awarded a total of 201 days of presentence custody credit.
FACTS
Defendant was cohabiting with S.L. On January 6, 2006, defendant and S.L. argued and, as she walked down the hallway, she either tripped and fell to the floor or he knocked her down, she did not know which. While she was on the floor, defendant grabbed her hair and hit her in the eye. Officer Paul Newnam testified he took a report from S.L. on January 8. At that time her right eye was slightly swollen, and it was black around the outer edges. She told him that her boyfriend had hit her.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
SIMS , Acting P.J.
We concur:
BUTZ , J.
CANTIL-SAKAUYE , J.
Publication Courtesy of California attorney referral.
Analysis and review provided by Vista Property line attorney.
[1]Defendants plea was entered as a compromise plea pursuant to People v. West (1970) 3 Cal.3d 595, 600; however, he stipulated that the transcript of the preliminary hearing could be used as a factual basis for the plea.
