P. v. Cook
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). 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.)
Because this matter was resolved by plea, the facts are taken from the stipulated factual basis in the sheriff’s report, as described in the probation report.
Defendant and his girlfriend Nichole Wagner got into an argument over a child custody issue. He grabbed her by the throat, lifted her off the ground and slammed her against a wall. He chased her outside, picked up a firewood log and threw it at her. Defendant then left with their daughter. A complaint deemed the information charged defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),[1] child abuse (§ 273a, subd. (a)) and battery on a cohabitant (§ 243, subd. (e)(1)). The complaint also alleged defendant had served four prior prison terms. (§ 667.5, subd. (b).)
Defendant pleaded no contest to assault with a deadly weapon and admitted one prior prison term enhancement allegation. The trial court dismissed the remaining charges and enhancement allegations with a Harvey[2] waiver. The parties agreed to a sentencing lid of three years in prison.
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