P. v. Martinez
In an information filed March 24, 2006, appellant was charged with willful infliction of corporal injury on a spouse or cohabitant (Pen. Code, 273.5; count 1), assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1); count 2), making a criminal threat ( 422; count 3), possession of a controlled substance, viz., amphetamine (Health & Saf. Code, 11377, subd. (a); count 4), possession of more than 28.5 grams of marijuana (Health & Saf. Code, 11357, subd. (c); count 5), and assault with a deadly weapon ( 245, subd. (a)(1); count 6). It was also alleged that appellant had served two separate prison terms for prior felony convictions ( 667.5, subd. (b)), suffered a strike[2]and personally inflicted great bodily injury under circumstances involving domestic violence in committing the count 1 offense ( 12022.7, subd. (e)).
Pursuant to a plea agreement, on November 16, 2006, appellant pled no contest on count 1 and admitted the great bodily injury enhancement and strike allegations. On December 18, 2006, the court imposed a prison term of nine years, consisting of the three-year midterm on the substantive offense, doubled pursuant the three strikes for a total of six years, and the three-year lower term on the accompanying enhancement.
Appellant did not request, and the court did not issue, a certificate of probable cause ( 1237.5).Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist. The judgment is affirmed.
Comments on P. v. Martinez