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The People v. Phillip Lee Martin

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


December 7, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
PHILLIP LEE MARTIN, JR., DEFENDANT AND APPELLANT.

(Super. Ct. No. CM033872)

The opinion of the court was delivered by: Hoch , J.

P. v. Martin

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

On January 31, 2011, defendant got drunk and punched his live-in girlfriend on her head, face and back. He then threatened to stab her with a knife and struck her on the back with the flat side of the blade. He tore down a curtain rod and threatened to hit her with it. When his girlfriend took the curtain rod from him, he tore down some wood trim and struck her with that. He then threatened to kill her with a frying pan and grabbed her by the neck.

At this point, defendant told his girlfriend to leave the trailer. His girlfriend grabbed their infant and went to her parents' house. Defendant then went to her parents' house and attempted to kick in the door while yelling at his girlfriend to open it. He left when a neighbor said the police had been called.

Defendant pled guilty to inflicting corporal injury on a cohabitant/parent of his child. (Pen. Code,*fn1 § 273.5, subd. (a).) An allegation that he used a deadly weapon in committing the offense was dismissed with a Harvey waiver.*fn2 (§ 12022, subd. (b)(1).)

The trial court denied probation and sentenced defendant to the midterm of three years in state prison. The trial court also imposed a $200 restitution fine, a suspended $200 parole revocation fine, a $40 court security fee, and a $30 conviction fee. Defendant was awarded 64 actual days and 64 conduct days, for a total of 128 days of presentence custody credit.

Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks 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 elapsed, and we 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.

We concur: NICHOLSON , Acting P. J. ROBIE , J.


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