P. v. Gonzales
Defendant was charged with three counts of assault with a deadly weapon or force likely to produce great bodily injury (Pen. Code 245, subd. (a)(1)) (counts 1, 4 & 7), two counts of corporal injury to a spouse/cohabitant ( 273.5, subd. (a)) (counts 2 & 5) and two counts of threats of violence (section 422) (counts 3 & 6). He was also charged with special allegations: personally inflicting great bodily injury under circumstances of domestic violence ( 12022.7, subd. (e)) (as to counts 1, 2 & 6) and use of a deadly or dangerous weapon ( 12022, subd. (b)) (as to counts 2, 3, 5 & 6). Furthermore, counts 1 and 2 were charged as serious and violent felonies ( 1192.7, subd. (c)(8) & 667.5, subd. (c)(8)) and counts 3, 6 and 7 were charged as serious felonies ( 1192.7, subd. (c)).
On September 28, 2006, pursuant to an agreement, defendant waived his right to a jury trial as to count 2 ( 273.5) and the great bodily injury enhancement with dismissal of all other charges and a seven year maximum prison sentence if convicted. A court trial was held on October 2, 2006. Defendant was found guilty of section 273.5, subdivision (a) and the special allegation was found to be true.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, including the sealed portion of the record related to the Marsden hearing, and Court have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)
The judgment is affirmed.
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