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The People v. Kristen William Davis

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO


December 10, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KRISTEN WILLIAM DAVIS, DEFENDANT AND APPELLANT.

Super.Ct.No. FVI1000939 APPEAL from the Superior Court of San Bernardino County. Christopher B. Marshall, Judge. Affirmed.

The opinion of the court was delivered by: Ramirez P.J.

P. v. Davis

CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

No appearance for Plaintiff and Respondent.

OPINION

Pursuant to a plea agreement, defendant and appellant Kristen William Davis pled guilty to corporal injury to a cohabitant. In return, the remaining allegation was dismissed, and defendant was sentenced to the stipulated term of two years in state prison with credit for time served. Defendant appeals from the judgment, challenging the sentence or other matters occurring after the plea. We find no error and affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND*fn1

Following a verbal altercation with his girlfriend while driving in a car on April 24, 2010, defendant slapped her in the face. When they arrived home, defendant pushed his girlfriend to the ground, sat on her chest, pinned her arms down with his legs, and threatened to kill her. Later that day, in an attempt to prevent his girlfriend from leaving, defendant grabbed her by the hair and pulled her, causing her to fall to the ground and hit her head on the concrete. He also bit her in the back of her arm and punched her in the stomach four times.

On April 26, 2010, a two-count felony complaint was filed, charging defendant with corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a); count 1) and making criminal threats (Pen. Code, § 422; count 2).

On May 5, 2010, pursuant to a plea agreement, defendant pled guilty to count 1 in exchange for a stipulated two-year sentence and the dismissal of the remaining charge. The court found that the guilty plea was entered into freely and voluntarily and that defendant knowingly and intelligently waived his rights. At defendant's request, sentencing was thereafter immediately imposed. Defendant was sentenced in accordance with his plea agreement and awarded credit for time served.

Defendant filed a notice of appeal, challenging the validity of the plea, and a request for certificate of probable cause on May 14, 2010. The trial court denied the request for certificate of probable cause, and the notice was deemed "inoperative."

On May 25, 2010, defendant filed an amended notice of appeal, challenging the sentence or other matters occurring after the plea.

II

DISCUSSION

Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we independently reviewed the record for potential error. We have now completed our independent review of the record and find no arguable issues.

III

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RICHLI J.

We concur:

CODRINGTONJ.*fn2


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