People v. Pursell CA3

Filed 1/27/25 P. v. Pursell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE, C100804

Plaintiff and Respondent, (Super. Ct. No. 21F4958)

v.

STEPHEN MARK PURSELL,

Defendant and Appellant.

Appointed counsel for defendant Stephen Mark Pursell 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 (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in an outcome more favorable to defendant and affirm the judgment. I. BACKGROUND In July 2021, defendant pushed his 80-year-old mother during an argument, causing her to fall. She suffered a femoral neck fracture requiring surgery. Defendant

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was charged with elder abuse (Pen. Code, § 368, subd. (b)(1)—count 1),1 and assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)—count 2). For both counts, it was alleged that defendant personally inflicted great bodily injury on the victim who was 70 years of age and older (§ 12022.7, subd. (c)). The court issued a domestic violence criminal protective order under section 136.2. In August 2021, defendant pled no contest to count 2 and admitted the great bodily injury enhancement in exchange for probation with credit for time served to the date of sentencing and dismissal of the remaining charges. The parties stipulated to the police report as the factual basis for the plea, and defendant entered an Arbuckle waiver.2 In October 2021, the trial court suspended imposition of sentence and placed defendant on three years’ formal probation with various terms and conditions, including 164 days in county jail with credit for time served, that he participate in and successfully complete an approved one-year batterer’s treatment program, that he obey the instructions of the probation officer, that he keep the probation department informed of his residence, contact information, and employment, that he report any changes in residence to the probation department, and that he violate no laws. The court issued a three-year protective order on behalf of defendant’s mother. The trial court imposed a $300 restitution fine (§ 1202.4), a $300 probation revocation restitution fine, which was stayed pending successful completion of probation (§ 1202.44), among other fines and penalty assessments.3