P. v. Gossett

Filed 6/2/08 P. v. Gossett CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. James R. Oppliger, Judge.

Dave C. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

-ooOoo-

Melissa Carbajal and Demarea Gossett had a child together. On February 13, 2007, a little after 11:00 a.m., Carbajals father, Ramon Sandoval, went to her second story apartment. When Sandoval arrived, Carbajal and Gossett were arguing in the living room. Sandoval received a cell phone call and went out to the apartments balcony to answer it. After returning inside, he saw that Carbajal was full of blood. Sandoval began struggling with Gossett and said he was going to call the police. He did not call because Carbajal and Gossett both told him not to. However, a worker at the apartment complex made the call. Gossett rode off on a bicycle prior to the police arriving.

Fresno Police Officer Greg Torres was dispatched to Carbajals apartment and spoke with her. Carbajal had a swollen area near her right eye that appeared to be bleeding. She also had a bruise on her lower right arm that was caused when Gossett grabbed her by the arm. Carbajal told him she was arguing with Gossett and he struck her with his left fist above her right eye.^[1] Officer Torres returned to the apartment on February 25, 2007, and asked if Gossett was there. Carbajal said he was not and allowed him to search the apartment. Torres found Gossett in a closet. Gossett gave him a false name but eventually was identified by Carbajal.

On March 26, 2007, the district attorney filed an information charging Gossett with inflicting corporal injury on a cohabitant (Pen. Code, 273.5), dissuading a witness (Pen. Code, 136.1, (b)(1)), providing false information to a police officer (Pen. Code,

148.9, subd. (a)), and a prior prison term enhancement (Pen. Code, 667.5, subd. (b)).

On May 14, 2007, a jury trial in this matter began. Prior to the taking of testimony, Gossett plead guilty to providing false information to a police officer. On May 16, 2007, jury deliberations began. While the jury was out of the court room, Gossett admitted the prior prison term enhancement. Later that day, the jury found Gossett guilty of inflicting corporal injury on a cohabitant and acquitted him of dissuading a witness.

On June 13, 2007, the court sentenced Gossett to an aggregate three-year term, the mitigated term of two years on his inflicting corporal injury on a cohabitant conviction and a one-year prior prison term enhancement.

Gossetts appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Gossett has not responded to this courts invitation to submit additional briefing.

Following independent review of the record we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.

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^*Before Wiseman, Acting P.J., Levy, J., and Cornell, J.

^[1] The blow resulted in a large black and blue bump near Carbajals right eye with a cut three-fourth inches long.