P.
v. Johnson
Filed
1/8/13 P. v. Johnson 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NOT TO BE PUBLISHED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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
(Butte)
----
THE
PEOPLE,
Plaintiff and Respondent,
v.
MICHAEL
JOHNSON,
Defendant and
Appellant.
C071522
(Super. Ct.
No. CM035254)
Appointed
counsel for defendant Michael Johnson asked this court to review the record to
determine whether there are any arguable
issues on appeal. (
436 (Wende).) Finding no arguable error that would result
in a disposition more favorable to defendant, we will affirm the judgment.
I
Because
the matter was resolved by plea, the facts are taken from the probation
officer’s report. Defendant lived with
his girlfriend Angela A. During an
argument he poked her in the eye and she slapped him in the face. Defendant then punched her, kicked her,
shoved her backward into the bathtub, threw glass items at her, and stomped his
foot on her chest.
Angela
suffered bilateral orbital bone fractures beneath her
surgery. Months later she still had
scarring, a droopy smile, numbness, double vision, facial puffiness and a
pulling sensation in her left eye. She
claimed financial losses totaling $50,185.89, including medical bills, lost
wages and damage to her home.
Defendant
pleaded guilty to infliction of corporal injury on a cohabitant (Pen. Code,
§ 273.5, subd. (a))
name="_ftnref1" title="">[1]
and admitted he inflicted great bodily injury under circumstances involving
domestic violence (§ 12022.7, subd. (e)).
The trial court sentenced him to eight years in
credit and 33 days of conduct credit, and ordered defendant to pay $50,185.89
in victim restitution, $5,773.29 to the Victim Compensation and Government
Claims Board, a $720 fine (§ 672) including penalty assessments, a $1,680
restitution fine (§ 1202.4), a $1,680 parole revocation 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).
II
Appointed
counsel filed an opening brief setting forth the facts of the case and asking
this court to review the record and determine whether there are any arguable
issues on appeal. (Wende, supra, 25 Cal.3d 436.)
Defendant was advised by counsel of the right to file a supplemental
brief within 30 days of the date of filing 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.
DISPOSITION
The
judgment is affirmed.
MAURO , J.
We
concur:
BUTZ ,
Acting P. J.
MURRAY ,
J.
name="_ftn1" title="">[1] Undesignated statutory references are to the
Penal Code.
