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The People v. Richard William Johnson

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte)


July 11, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RICHARD WILLIAM JOHNSON, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM028112)

The opinion of the court was delivered by: Nicholson , Acting P. J.

P. v. Johnson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).*fn1 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, 123-124.)

In October 2007, defendant Richard William Johnson got into a domestic dispute with his girlfriend of nearly a decade because she had unplugged an electric heater during the night. Defendant hit her in the face and head repeatedly, and held her on the bed and continued hitting her to keep her from leaving the home. She sustained a lump on her forehead, a swollen jaw, redness due to broken blood vessels in her eye, and several bruises and scratches on her arms.

Defendant pled guilty to inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a))*fn2 in exchange for dismissal with a Harvey*fn3 waiver of a remaining charge of false imprisonment by violence (§ 236). The prosecutor agreed not to seek a prison sentence at the outset. The trial court placed defendant on probation. As conditions of probation, defendant was ordered, inter alia, to serve 90 days in county jail and attend an approved batterer's treatment program.

A petition to revoke defendant's probation was filed on October 14, 2008, alleging defendant had been terminated from the New Beginnings Batterer's Program without permission of the probation officer and that defendant had failed to report to the probation officer as required. Defendant failed to appear in court and a bench warrant was issued on October 24, 2008.

Defendant was arrested on the bench warrant after a traffic stop on July 11, 2010. He admitted the allegation that he had failed to report to the probation officer and the other allegation was dismissed with a Harvey waiver. The trial court terminated defendant's probation and sentenced him to the middle term of three years for inflicting corporal injury on a cohabitant. Defendant was awarded 171 actual days and 171 conduct days, for a total of 342 days custody credit. (§ 4019.)

Defendant appeals.

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.

We concur: BUTZ, J. MURRAY, J.


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