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The People v. Michael Johnson

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


January 8, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHAEL JOHNSON, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM035254)

The opinion of the court was delivered by: Mauro , 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Michael Johnson asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

I

Because the matter was resolved by plea, the facts are taken from the probation officer's report. Defendant lived with his girlfriend Angela A. During an argument he poked her in the eye and she slapped him in the face. Defendant then punched her, kicked her, shoved her backward into the bathtub, threw glass items at her, and stomped his foot on her chest.

Angela suffered bilateral orbital bone fractures beneath her eyes, and she required surgery. Months later she still had scarring, a droopy smile, numbness, double vision, facial puffiness and a pulling sensation in her left eye. She claimed financial losses totaling $50,185.89, including medical bills, lost wages and damage to her home.

Defendant pleaded guilty to infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a))*fn1 and admitted he inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)). The trial court sentenced him to eight years in state prison, awarded 225 days of custody credit and 33 days of conduct credit, and ordered defendant to pay $50,185.89 in victim restitution, $5,773.29 to the Victim Compensation and Government Claims Board, a $720 fine (§ 672) including penalty assessments, a $1,680 restitution fine (§ 1202.4), a $1,680 parole revocation fine suspended unless parole is revoked (§ 1202.45), a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373).

II

Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (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 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: BUTZ , Acting P. J. MURRAY , J.


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