(Super. Ct. No. 11F01825)
The opinion of the court was delivered by: Raye , P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Ronald L. Jackson, Jr., 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).) We conclude the judgment must be modified to include imposition of certain mandatory fines and fees. We will modify the judgment, affirm the judgment as modified, and direct the trial court to amend the abstract of judgment.
On March 9, 2011, law enforcement responded to a call of domestic violence at the home of defendant's girlfriend, Elizabeth V. When law enforcement arrived, they saw Elizabeth "frantically running" from her home, "carrying a small child in her arms." Elizabeth approached the officers' vehicle; she appeared "shooken up" and had visible injuries to her face and upper body. Elizabeth gave the officers "a brief synopsis [of] what happened," and said that defendant had "fled the scene." After five minutes of looking for defendant, the officers returned to the scene and spoke with Elizabeth.
Elizabeth told the officers she and defendant had been arguing from approximately 1:00 a.m. until just before the officers arrived around noon. That argument became physical, and defendant told Elizabeth to go to the garage. Once there, Elizabeth called out for the woman who lived with them, Lacina N. Lacina came into the garage, and Elizabeth ran across the street to her neighbor's house, asking her neighbor to call 911. Elizabeth then returned to her garage, where defendant again assaulted her. During the renewed assault, defendant "whipped" Elizabeth and Lacina with a jump rope, and then used the same rope to choke Elizabeth. Lacina ran from the garage; defendant "let up on" the rope and Elizabeth ran after her. Elizabeth and Lacina ran back to the neighbor's house and called 911.
Defendant was arrested and charged with the following crimes against Elizabeth V.: attempted murder (Pen. Code, §§ 664/187, subd. (a)),*fn1 kidnapping (§ 207, subd. (a)), two counts of inflicting corporal injury on the parent of his own child or children (§ 273.5, subd. (a)), two counts of making criminal threats (§ 422), and false imprisonment (§ 236). Defendant also was charged with crimes against Lacina N.: battery (§ 243, subd. (d)) and false imprisonment (§ 236). It was further alleged that defendant was previously convicted of a serious felony within the meaning of section 1192.7, subdivision (c).
The charging information was later amended, removing the charge of attempted murder and charging defendant instead with assaulting Elizabeth V. "with a deadly weapon, to wit, a jump rope." (§ 245, subd. (a)(1).) Defendant pleaded not guilty to the amended charges and denied the allegations, and a jury trial began that same day. Following the admission of evidence, but prior to submitting the case for the jury's deliberations, the People moved to dismiss the second charge of inflicting corporal injury on a parent of defendant's own child or children. (§ 273.5, subd. (a).) The court granted the People's motion. The case was later submitted to the jury.
The jury sent two questions to the trial court during its deliberations. The first was for a read-back of witness testimony, the second question indicated they had reached a verdict of not guilty on several counts but were "deadlocked" on others. The trial court asked the jurors if further deliberations would help them reach a verdict; the jurors indicated no amount of deliberation would help. The court advised the jury that given the "fairly limited amount of deliberations" they had engaged in, the court would order them to return the following day and deliberate for at least another hour or two. The court reassured the jury they would not be compelled to continue deliberating after that time if they were truly deadlocked.
The following day, after 58 minutes of additional deliberation, the jury sent a note to the trial court that read, "This jury is still deadlocked . . . on counts 1, 3, 7, 8 & 9. Any further discussion will lead to a higher level of hostility." The court determined the jurors had deliberated the case and were not able to agree on a verdict as to the disputed counts. The jury found defendant not guilty of kidnapping and making criminal threats. The court declared a mistrial as to the remaining counts. At the court's request, the jury foreperson advised that on the remaining counts, the majority of the jurors would have found defendant guilty.
Defendant subsequently pleaded no contest to an amended charge of assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)) and admitted previously being convicted of a serious felony. The trial court then sentenced defendant to the low term of two years, doubled to four years for the prior serious felony conviction. The court awarded defendant 381 days of custody credit (255 ...