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The People v. Joshua Wayne Wiley

July 25, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOSHUA WAYNE WILEY, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F4811)

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

P. v. Wiley

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

The jury found defendant Joshua Wayne Wiley guilty of beating up his girlfriend, thereby causing her to suffer great bodily injury. The trial court sentenced defendant to 10 years in prison--combining the applicable upper terms for both the underlying conviction and the great bodily injury, and adding one year for a prior prison term enhancement.

Defendant appeals and contends that the trial court improperly relied on defendant's service of a prior prison term at sentencing in selecting the upper term on the underlying offense as well as in imposing an enhancement of one year in prison. As we explain, there was no error. Accordingly, we shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and Breanne Conder had been dating since 2009. Conder lived in the apartment below her mother's apartment, and had given defendant a key to Conder's apartment.

In the early morning hours of March 13, 2010, while Conder was asleep in her bed, defendant came in and began "hitting [her] all over." Conder's mother awoke to the sound of noise and Conder's screams. She ran downstairs and saw Conder cowering in a corner while defendant beat her. With her mother's help, Conder was able to escape from defendant and ran from the apartment. Conder suffered a broken rib, a partially collapsed lung, and significant swelling and bruising on her face, chest, arms and back.

The jury convicted defendant of inflicting corporal injury on a cohabitant resulting in a traumatic condition (Pen. Code,*fn1 § 273.5, subd. (a)). It further found that defendant personally inflicted great bodily injury on Conder, and that defendant had served a prior prison term for false imprisonment.

The probation report outlined defendant's prior criminal convictions and resulting sentences as follows: 1997 misdemeanor vandalism (probation and jail); 1997 misdemeanor battery (probation and jail); 1999 misdemeanor resisting arrest (probation and jail); 2001 driving under the influence causing injury (reduced to misdemeanor pursuant to Penal Code section 17b; probation and jail); 2002 misdemeanor possession of a controlled substance (probation, terminated unsuccessfully resulting in jail); 2003 felony assault with a deadly weapon (probation--later revoked, see post--and jail); and the 2005 felony false imprisonment conviction that was the charged prior prison term in the case at issue.

Upon defendant's conviction for felony false imprisonment in 2005, the court revoked defendant's probation for the 2003 assault and sentenced defendant to two years in prison for the assault and a ...


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