P. v. Craft



















Filed 4/10/13 P. v. Craft 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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. JOHN KENNETH CRAFT, Defendant and Appellant.

C071479 (Super. Ct. No. CM034486)

This case
comes to us pursuant to href="http://www.mcmillanlaw.com/">People v. Wende (1979)
25 Cal.3d 436. 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.)

Defendant
John Kenneth Craft was friends with Timothy Hilley.href="#_ftn1" name="_ftnref1" title="">[1] He invited Hilley to stay in his home and
Hilley stole property from defendant and his friends. Defendant tracked Hilley down and brought him
to David Forester’s house. Over the
course of several hours, Forester and defendant beat Hilley. Forester hit Hilley repeatedly, causing him
to fall to the ground unconscious, and defendant kicked Hilley in the face
several times. Hilley regained
consciousness and tried to run away.
Defendant and Forester caught Hilley, dragged him back to Forester’s
home and continued to beat him.
Eventually, Hilley was able to escape.
As a result of the beating, Hilley suffered a href="http://www.sandiegohealthdirectory.com/">lacerated spleen, internal
bleeding, broken ribs, facial fractures, a severe hematoma in the bowel
area and mild renal failure.

Defendant
was charged with torture (Pen. Code,
§ 206),href="#_ftn2" name="_ftnref2"
title="">[2]
assault with a deadly weapon (§ 245, subd. (a)(1)), false
imprisonment by violence (§ 236) with a special allegation of deadly
weapon use (§ 12022, subd. (b)(1)), and assault by means of force
likely to produce great bodily injury (§ 245, subd. (a)(1)) with a
special allegation defendant personally inflicted great bodily injury on Hilley
(§ 12022.7, subd. (a)).
Defendant pleaded no contest to assault by means of force likely to
produce great bodily injury and admitted he personally inflicted great bodily href="http://www.sandiegohealthdirectory.com/">injury. The remaining counts were dismissed with a >Harveyhref="#_ftn3" name="_ftnref3" title="">[3]> waiver.


Defendant
was sentenced to an aggregate term of five years in href="http://www.mcmillanlaw.com/">state prison. He was ordered to pay a $1,000 restitution
fund fine, a $1,000 parole revocation fine, stayed pending successful
completion of parole, a presentence investigation report fee of $736, a
$40 court operations assessment fee, and a $30 conviction assessment
fee. Defendant was awarded
339 days’ presentence custody credits.


Defendant
sought additional credits under the amendments to section 4019. This motion was denied, because the personal
infliction of bodily injury enhancement made the assault a serious felony
offense.

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, 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 of the opening
brief. More than 30 days have
elapsed, and we have 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.







MURRAY , J.







We concur:







NICHOLSON
, Acting P. J.







DUARTE , J.