People v. Romero CA5

Filed 10/9/13 P. v. Romero CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066263 Plaintiff and Respondent, (Super. Ct. No. 12CM8764) v.

FRANCISCO BENCES ROMERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Thomas DeSantos, Judge. William W. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Wiseman, Acting P.J., Poochigian, J., and Detjen, J.

INTRODUCTION On September 20, 2012, appellant, Francisco Bences Romero, entered into a plea agreement and waived his constitutional rights in court pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. The court explained the consequences of the change of plea to appellant and the parties stipulated to a factual basis for the plea.1 Appellant pled guilty as charged to count 1, willfully inflicting corporal injury resulting in a traumatic condition on his cohabitating girlfriend (Pen. Code, § 273.5, subd. (a)).2 Appellant further admitted an allegation that he committed a prior serious felony within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)). Under the terms of the plea agreement, appellant’s sentence would be a six-year lid with the defense attorney permitted to argue for a lower term at the sentencing hearing. On October 17, 2012, the trial court sentenced appellant to the midterm of three years doubled pursuant to the three strikes law to six years. Appellant was granted custody credits of 93 days for time served and conduct credits of 92 days for total custody credits of 185 days. The court ordered appellant to pay fines and fees. Appellant obtained a certificate of probable cause. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).

1 The parties stipulated that the relevant facts as adduced from the preliminary hearing were that on July 10, 2012, appellant while in Kings County intentionally struck his cohabitating girlfriend and mother of his child in the face causing the traumatic injuries of a bloody lip and a swollen lip and nose. 2 As part of the plea agreement, allegations that he committed a second count of inflicting corporal injury to a cohabitant and made a criminal threat (Pen. Code, § 422) were dismissed.