P. v. Berry
Filed 2/21/08 P. v. Berry 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 BERRY, Defendant and Appellant. | E043893 (Super.Ct.No. FSB050982) OPINION |
APPEAL from the Superior Court of San Bernardino County. Brian S. McCarville, Judge. Affirmed.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FACTS
On July 13, 2005, defendant severely beat the seven-year-old daughter of his girlfriend, using an extension cord and a plastic brush. The victim was left with liver trauma and permanent and severe scarring, and her hands were so swollen after the beating that she could not extend her fingers. The examining doctor opined that the injuries were serious and could have caused death. The injuries, including healed injuries from previous beatings, extended head to toe, front and back on the childs body, according to the sheriffs deputy who testified at defendants preliminary hearing.
On July 22, 2005, defendant was charged in an amended felony complaint with child abuse (Pen. Code,[1] 273a, subd. (a)) and torture. ( 206.) As to the child abuse count, the complaint alleged defendant personally inflicted great bodily injury. ( 12022.7, subd. (a).)
On October 27, 2005, during a preliminary hearing, the trial court heard and denied defendants Marsden[2]motion.
On April 10, 2007, defendant was charged in an amended information with child abuse, torture, corporal injury to a child ( 273d, subd. (a)), and mayhem ( 203), along with the great bodily injury allegation.
On April 11, 2007, defendant pled no contest to child abuse, corporal injury to a child, and mayhem, and admitted the great bodily injury allegation. The plea was pursuant to People v. West.[3] Both counsel stipulated to defer a factual basis for the plea until pronouncement of judgment. Defendant stipulated to a 13-year sentence.
On June 11, 2007, the parties agreed to reduce the stipulated sentence to 12 years, 8 months. The information was orally amended to add assault with a deadly weapon ( 245, subd. (a)(1)), to which appellant pled guilty. At that hearing, the court sentenced defendant as agreed, but did not establish the factual basis for the plea. This appeal followed. Defendant did not obtain a certificate of probable cause.
DISCUSSION
Upon defendants 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 [87 S.Ct. 1396, 18 L.Ed.2d 493] 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, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ RAMIREZ
P.J.
We concur:
/s/ HOLLENHORST
J.
/s/ MILLER
J.
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[1] All further statutory references will be to the Penal Code unless otherwise indicated.
[2]People v. Marsden (1970) 2 Cal.3d 118.
[3]People v. West (1970) 3 Cal.3d 595. The parties agreed that the facts may not actually support the amended information, but defendant was willing to plead to accept the offer.
