P. v. Christopher
A jury convicted Paul Joseph Christopher of assault with intent to commit rape (Pen. Code,[1] § 220, subd. (a)(1)) and three counts of misdemeanor battery (§ 243.4, subd. (e)(1)). The jury found Christopher was armed with and used a deadly weapon during the assault (§ 12022.3, subds. (a) & (b)). Christopher admitted three probation denial prior convictions. (§ 1203, subd. (e).)
The trial court sentenced Christopher to a determinate term of 14 years, consisting of the middle term of four years for the assault plus 10 years for the weapon enhancement under section 12022.3, subdivision (a). The sentence for the armed enhancement charged under section 12022.3, subdivision (b) was stayed pursuant to section 654. Sentences for the misdemeanors were imposed as time served. The court also sentenced Christopher in three other cases in which his probation had been revoked. Those sentences were ordered to run concurrently with the 14-year term in the current case.
Christopher filed a timely notice of appeal.
Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) raising possible, but not arguable issues. We offered Christopher the opportunity to file his own brief on appeal. Christopher asked for and received an extension of time. Christopher filed his brief after the extension of time had expired, however, the court accepted the brief and it is discussed below.
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