People v. Foster CA3

Filed 1/22/15 P. v. Foster CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C074589

Plaintiff and Respondent, (Super. Ct. No. 12F05721)

v.

MARTIN LEE FOSTER,

Defendant and Appellant.

Defendant, Martin Lee Foster, was convicted by jury of a number of crimes. He pleaded guilty to one other crime. He was sentenced to prison. He was advised of his right to appeal. He understood and waived that right. Even so, he appeals. He is represented here by a court appointed lawyer. That lawyer brings defendant’s appeal to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Thus, we begin with a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 109-110, 123-124.)

1

BACKGROUND Defendant, Martin Lee Foster, and Shalayne Brazil were in a long-term relationship. In August 2012, Shalayne was moving and her brother, Aaron, his girlfriend, Annelise, and their father, Joseph, were helping her clean her house. Shalayne and defendant went to Shalayne’s parent’s home. Aaron and Annelise arrived later and saw defendant and Shalayne leaving the home. Aaron saw “shaking” movement inside Shalayne’s car. Shalayne got out of the car and ran towards Aaron, screaming for Aaron to save her. Aaron and Annelise got out of their car. Defendant got out of Shalayne’s car. Defendant tried to convince Shalayne to get back in her car. Instead, she got into Aaron’s car. Defendant followed her and Aaron placed himself between them. Defendant got into Aaron’s car on the driver’s side. Ultimately, everyone eventually got out of Aaron’s car without any contact. Defendant started to get into Shalayne’s car and Shalayne yelled for Aaron not to allow defendant to steal her car. Aaron approached the car and twice told defendant to get out of Shalayne’s car. After some posturing between the men, defendant punched Aaron very hard in the face, on the left side of his nose and cheek. Aaron immediately fell to the ground, bleeding profusely. Defendant got back into Shalayne’s car. Shalayne was screaming about defendant hitting her brother. Four women traveling in a car in the area stopped when they heard a woman yelling. They witnessed defendant chasing a screaming woman. They saw defendant punch Aaron. They saw Aaron fall to the ground. One of the women called 911. So did Annelise. Joseph arrived at the home soon after and, with another man, prevented defendant from leaving in Shalayne’s car. Joseph took Aaron to the hospital where Aaron was given pain medication. Aaron’s nose was extremely swollen. He could not breathe through his nose. He continued to suffer from pain, difficulty sleeping, an inability to breathe through his nose, and headaches. In December 2012, he underwent surgery for a deviated septum caused by defendant’s punch to the face.