P. v. Sisemore
Filed 12/4/08 P. v. Sisemore 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JAMES DOUGLAS SISEMORE, Defendant and Appellant. | C055397 (Super. Ct. Nos. CRF99-4799 & CRF02-7378) |
In July 1999, in case No. CRF99-4799, defendant James Douglas Sisemore grabbed J.S., his wife, by the hair, made a fist and threatened to kill her. He pinned her down on a bed and covered her face with a pillow. At one point, he grabbed her underwear and caused an abrasion to her hip. Eventually, he penetrated her with his fingers. Later he kicked her hip, causing her to fall backward and hit her back on a toilet tank and her head on the wall. He put his hands around her neck, threatening to kill her. She had redness to her neck, a bruise on her back, and abrasions to her hip area.[1]
In January 2000, defendant pleaded no contest to infliction of corporal injury on a spouse. (Pen. Code, 273.5, subd. (a).) In exchange, two related counts were dismissed. He also admitted a misdemeanor violation of that same offense in an unrelated case. (Case No. 99005890.) In exchange, another unrelated case was dismissed. (Case No. 99005891.) Defendant was placed on probation for three years.
In June 2002, defendant had a day-long argument with his cohabitant, J.H.[2] When he began touching her in bed, she told him to stop and got out of bed. He pushed her into a hallway and then into her sons bedroom. He closed the bedroom door and asked, You want to see what its like to be raped? Then he pushed her to the floor, got on top of her and pinned down her arms. When she tried to get away, he pushed her hands down with such force that a thumbnail was ripped from her body. Eventually, he let her up and asked that she not call authorities.
In June 2003, in case No. CRF02-7378, defendant pleaded no contest to two counts of false imprisonment by force or violence. (Pen. Code, 236, 237; counts 4, 6.) He admitted that he violated his probation in case No. CRF99-4799 by committing the offenses in case No. CRF02-7378. Four related counts were dismissed.
Defendant was sentenced to state prison for four years four months, consisting of the middle term of three years in case No. CRF99-4799 plus eight months each on counts 4 and 6 of case No. CRF02-7378. Execution of sentence was suspended and probation was reinstated in case No. CRF99-4799 and granted in case No. CRF02-7378.
In March 2006, a declaration and order re: violation of probation was filed alleging in count 1 that defendant had unwanted and harassing contact with J.H. between August 16 and October 12, 2005. In May 2006, an addendum was filed alleging six additional counts between February 2005 and May 2006.
Following trial to the court, counts 2, 4, 5, 6, and 7 were found true. The following evidence was produced:
Count 2: In February 2005, defendant became angry and grabbed J.H.s arm. J.H. pulled away and defendant hit her in the face with his open hand, causing her to fall on the landing of the stairs. When she started to get up he hit her again. The blows caused a swollen and bruised eye.
Count 4: In October 2005, a no-contact restraining order was issued ordering that defendant have no physical, telephone, or third party contact with, or come within 100 yards of, J.H. Between October 2005 and April 2006, the duo had occasional contact; toward the end of that period, they resumed seeing each other.
Count 5: In April 2006, following issuance of the court order, defendant and J.H. met for drinks at a restaurant in Natomas. Within a period of a month and a half, they met for drinks at the same restaurant on three or four occasions.
Count 6: In May 2006, defendant attended a court hearing in this case. After the hearing, he went to see J.H. to speak to her.
Count 7: Also in May 2006, defendant met J.H. at a commercial establishment where she was a customer. Then he followed her to her house and into her garage. From there he entered the house and a bathroom. He asked her to return home. After some additional conversations, he departed.
The trial court ordered imposition of the state prison sentence, awarded defendant 347 days of custody credit and 153 days of conduct credit, and ordered him to pay a $400 restitution fine (Pen. Code, 1202.4) and a $400 restitution fine suspended unless parole is revoked (Pen. Code, 1202.45).
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. (People v. Wende (1979) 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 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.
DISPOSITION
The judgment is affirmed.
NICHOLSON , Acting P. J.
We concur:
MORRISON , J.
ROBIE , J.
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[1] Because defendant pleaded no contest, our statement of facts is taken from the probation officers report.
[2] Because defendant pleaded no contest, our statement of facts is taken from the probation officers report.
