P. v. Cook

 

 

 

 

 

 

 

 

Filed 11/7/13  P. v. Cook 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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

(Shasta)

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>

THE PEOPLE,                           Plaintiff and Respondent,               v.   JASON C. COOK,                           Defendant and Appellant.

C072995   (Super. Ct. No. 10F5282)

 

 

 

            This case
comes to us pursuant to href="http://www.mcmillanlaw.com/">People v. Wende (1979) 25 Cal.3d
436 (Wende).  Having reviewed the record as required by >Wende, we affirm the judgment. 

            We provide
the following brief description of the facts and procedural history of the
case.  (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

            Because
this matter was resolved by plea, the facts are taken from the stipulated
factual basis in the sheriff’s report, as described in the probation report. 

            Defendant
and his girlfriend Nichole Wagner got into an argument over a child custody
issue.  He grabbed her by the throat,
lifted her off the ground and slammed her against a wall.  He chased her outside, picked up a firewood
log and threw it at her.  Defendant then
left with their daughter.  A complaint deemed
the information charged defendant with assault with a deadly weapon (Pen. Code,
§ 245, subd. (a)(1)),href="#_ftn1"
name="_ftnref1" title="">[1] child
abuse (§ 273a, subd. (a)) and battery on a cohabitant (§ 243,
subd. (e)(1)).  The complaint also
alleged defendant had served four prior prison terms.  (§ 667.5, subd. (b).) 

            Defendant
pleaded no contest to assault with a
deadly weapon and admitted one prior prison term enhancement
allegation.  The trial court dismissed
the remaining charges and enhancement allegations with a >Harveyhref="#_ftn2" name="_ftnref2" title="">[2]
waiver.  The parties agreed to a sentencing
lid of three years in prison. 

            The trial
court sentenced defendant to an aggregate term of three years in prison and ordered
defendant to pay a $720 restitution fine (§ 1202.4, subd. (b)) and
imposed a $720 parole revocation fine, suspended unless defendant’s parole was
revoked; a $40 court security fee (§ 1465.8), a $30 court facilities
assessment (Gov. Code, § 70373) and $688.50 in direct victim restitution (§ 1202.4,
subd. (f)).  The trial court awarded
defendant 302 days of presentence custody
credit.  Defendant did not obtain a
certificate of probable cause.  (§ 1237.5.)

            We
appointed counsel to represent
defendant on appeal.  Counsel filed an
opening brief setting forth the facts of the case and, pursuant to >Wende, supra, 25 Cal.3d 436,
requested the court to review the record and determine whether there are any
arguable issues on appeal.  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 have elapsed and we have received no
communication from defendant.  We have
undertaken an examination of the entire record pursuant to Wende, and we find no arguable error that would result in a
disposition more favorable to defendant.

DISPOSITION

            The
judgment is affirmed.

 

 

 

                                                                                                               MURRAY                     , J.

 

 

 

We concur:

 

 

 

                     MAURO                        , Acting P. J.

 

 

 

                      HOCH             
          , J.