P. v. Eggman
Filed 1/30/14 P. v. Eggman 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NOT TO BE PUBLISHED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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115.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
(Yolo)
----
THE
PEOPLE,
Plaintiff and Respondent,
v.
DAVID
PURCELL EGGMAN,
Defendant and
Appellant.
C073204
(Super. Ct. No.
CRF123628)
This case comes
to us pursuant to People v. Wende (1979) 25 Cal.3d 436
(Wende). Having reviewed the record as required by
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.)
BACKGROUND
Following the
victim’s testimony at jury trial,
defendant David Purcell Eggman pleaded no contest to infliction of corporal injury upon a
former cohabitant. (Pen. Code,
§ 273.5, subd. (a).)[1] He admitted allegations of a
prior domestic violence conviction (§ 273.5, subd. (e)(1)), a prior strike
conviction (§§ 667, 1170.12), and a prior prison term (§ 667.5, subd
(b)).
Defendant
was sentenced to prison for a stipulated term of 11 years, awarded 142 days’
custody credit and 142 days’ conduct credit, and ordered to pay a $240
restitution fine (§ 1202.4), a $240 restitution fine suspended unless
parole is revoked (§ 1202.45), a $40 court operations fee (§ 1465.8,
subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373).
Defendant
had been engaged to, and had resided with, the victim for several years before
they separated in February 2012 following an altercation. In May 2012, they reunited and spent at least
three nights at the residence of defendant’s aunt. The following morning, the victim decided
that she wanted to go home. When she
informed defendant that she was “going to go,” he grabbed her overnight bag and
pulled her down to the ground. The duo
wrestled and he took away from her a small knife that she carried in her
pocket.
Defendant’s
aunt appeared at the door and warned that she would call the police. The victim broke away from defendant’s grip
and got to her feet. Then she felt a
blow to her face by her right eye and a blow to her ribs below her right
breast. She grabbed defendant’s
ponytail, pulled him to the ground, stomped on his face, and ran out the door
toward her car. Along the way she fell
on her knee and sustained an injury that required surgery.
Defendant
fled from the house after his aunt telephoned the police. He picked up the injured victim, placed her
in her car, and they drove away together.
They checked into a hotel where they remained for two nights. Then they drove to a friend’s residence where
they pitched a tent and stayed a third night.
During the night, the victim tried to walk away but she fell down because
of the knee injury. Defendant arrived and carried her back to the
tent where they remained until morning.
He folded up the tent and put it in her car. Then she drove away.
WENDE REVIEW
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. (
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.
The
judgment is affirmed.
MURRAY ,
J.
We concur:
HULL ,
Acting P. J.
MAURO , J.
[1] Undesignated
statutory references are to the Penal Code.
