The People v. Foster CA5

Filed 10/2/13 P. v. Foster CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F065436

v. (Super. Ct. No. 12CM0313)

JAMES HOWARD FOSTER, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Kings County. Donna L. Tarter, Judge. Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

 Before Wiseman, Acting P.J., Levy, J., and Peña, J.

-ooOoo- Appellant, James Howard Foster, pled no contest to inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a))1 and was sentenced to a two-year prison term. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 we affirm. FACTUAL AND PROCEDURAL HISTORY Foster was in a dating relationship with Theresa Johnson for three years and had been living with her for two months prior to December 31, 2011. On that date, at approximately 7:00 a.m., Foster got on top of Johnson as she slept in her bed and he began punching her in the head and choking her. Foster got off Johnson and left after her adult son came into the room and yelled at him. On January 5 or 6, 2012, Johnson returned from a trip out of town and found that her apartment had been broken into and ransacked. Johnson also discovered that someone urinated on her bed, poured bleach and paint thinner on her clothes, cut up her shoes, and cut the extension cords to certain items. Additionally, some of Johnson’s jewelry was missing. Foster called Johnson the night she returned and admitted taking her property, including the jewelry. Foster told Johnson to meet him across the street and that he was going to finish things off, and shoot her. On April 30, 2012, the district attorney filed a first amended information charging Foster with making criminal threats (count 1/§ 422), first degree burglary (count 2/§§ 459 & 460, subd. (b)), inflicting corporal injury on a cohabitant (count 3), assault by means of force likely to cause great bodily injury (count 4/§ 245, subd. (a)), and vandalism