People v. Carter

Opinion

SONENSHINE, J.

Anthony Carter’s three-year sentence for assault with a deadly weapon or by means of force likely to cause great bodily injury (Pen.

[754]

Code, § 245, subd. (a)(1))

1

was enhanced by four years because he inflicted great bodily injury (GBI) on the victim under circumstances involving domestic violence (§ 12022.7, subd. (d)). Alleging evidentiary, instructional and sentencing error, Carter claims the judgment must be reversed. We affirm.

I

On Super Bowl Sunday, 1995, Carter and his girlfriend, Mildred Bell, attended a party at a friend’s house. However, because Carter was acting obnoxiously, Bell took him to her apartment at half time. When Bell offered to drive Carter to his home, he floored her with a barrage of punches and kicked her. He also wrapped a telephone cord around Bell’s neck, threatening to kill her. Bell managed to run outside and returned to call 911 after Carter left.

When the police arrived, Bell was visibly shaken and teary eyed, and her face was badly bruised. There were bloodstains throughout the apartment, and the phone cord had been ripped out of the wall. Bell stated she had been beaten up by her boyfriend. However, she did not mention Carter had kicked or choked her. She suffered a broken nose, black eyes, subconjunctival hemorrhaging (retinal bleeding), blurred vision and neck pain.

Carter testified he fell asleep upon arriving at Bell’s apartment and was awakened by the feel of a cold object on his penis. He discovered Bell on top of him, holding his penis and a pair of scissors. Alarmed, Carter grabbed Bell’s neck and hit her three times before she moved back. He then got dressed and walked to a nearby bus stop. Carter denied strangling Bell with the telephone cord, kicking her or threatening to kill her. In fact, he stated Bell was the abusive one in their relationship, having hit him on previous occasions.

II

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