People v. Howard CA2/4

Filed 11/13/13 P. v. Howard CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B246720

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA079373) v.

EDWIN JEFFREY HOWARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark E. Windham, Judge. Affirmed. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Edwin Jeffrey Howard appeals from the judgment entered following his no contest plea to inflicting corporal injury upon a spouse or cohabitant and his admission that he inflicted great bodily injury upon the victim within the context of domestic violence and used a deadly and dangerous weapon, a knife. (Pen. Code, §§ 273.5, subd. (a), 12022.7, subd. (e), 12022, subd. (b)(1).) He contends the court abused its discretion by sentencing him to state prison. Finding no error, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Because defendant pled no contest to the charges against him, we provide an abbreviated statement of the evidence presented at the preliminary hearing. The victim, Tina H., was defendant’s girlfriend for 10 years. On December 2, 2011, she was living with defendant. That day, she and defendant had several arguments. The arguments culminated in defendant stabbing the victim in the stomach, cutting her colon. As a result, she underwent two surgeries and spent five to six days in the hospital. On July 17, 2012, defendant completed a written felony advisement of rights, waiver, and plea form. The document set forth the terms of the plea agreement as follows: (1) defendant would undergo a 90-day diagnostic evaluation pursuant to Penal Code section 1203.03; and (2) he would receive no more than five years in state prison. Defendant entered his plea as set forth above. On December 10, 2012, the trial court conducted a sentencing hearing. The victim stated she was still suffering in the aftermath of the attack, as she was living in a homeless shelter and battling mental issues. Defendant apologized for his conduct. The court, after noting that it had read the diagnostic evaluation and the probation report, imposed a five-year prison term, consisting of the low term on the underlying offense and the great bodily injury allegation. The one-year sentence for the use of the knife was stricken pursuant to Penal Code section 1385, subdivision (c).