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The People v. Robert Earnest Goldsberry

May 11, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT EARNEST GOLDSBERRY, DEFENDANT AND APPELLANT.



(Super. Ct. No. SF115349A)

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

P. v. Goldsberry

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Robert Earnest Goldsberry stabbed his girlfriend with a pair of rusty scissors after an argument about money. A jury found him guilty of inflicting corporal injury on a cohabitant and an enhancement for great bodily injury. The trial court sentenced him to 20 years in prison, which included the upper term on the offense and enhancement.

Defendant appeals from the resulting judgment raising four issues dealing with the evidence, trial counsel's performance, and sentencing. Finding no error, we affirm.

FACTUAL AND PROCEDURAL HISTORY

Defendant and Pamela Marsh began dating in November 2009 and starting living together immediately thereafter. In March 2010, the two had been arguing about Marsh's spending habits, and Marsh had decided to end the relationship because during one of these arguments he had "put [his] hands on [her]."

On March 28, 2010, the day of the stabbing, Marsh had planned to sell some of their belongings at the flea market with defendant and then part ways with him. Upon arriving at the flea market, Marsh ate a little bit of methamphetamine that defendant had given her. After helping Marsh set up, defendant left Marsh alone to sell their belongings. When defendant returned, he demanded the money from the sales. He eventually took Marsh's purse but then threw it on the ground. When Marsh picked it up, defendant stabbed her on her forearm and her hand with a rusty pair of scissors. Marsh started bleeding badly, and her arm and hand felt numb. Marsh told a concession stand worker she had been stabbed and asked to borrow her phone. The concession stand worker gave her the phone, and Marsh called 911.

Marsh was taken to the emergency room by ambulance. She had two lacerations. One was to the forearm and was deep and "flap-like." It required stitches that had to stay in place for eight days. The other was to the hand and had punctured a vein, which caused the heavy bleeding.

Marsh was not the only victim of defendant's domestic violence. In 2004, defendant head-butted his then-wife D., injuring her lip and forehead, following an argument over money. Defendant pled no contest to misdemeanor battery. In 2007, defendant was living with a girlfriend, L. During that time, defendant was convicted of making criminal threats against L.

DISCUSSION

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