People v. Hickman CA2/3

Filed 2/2/15 P. v. Hickman CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B258193

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054466-02) v.

JOE DENNIS HICKMAN,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County,

Daviann L. Mitchell, Judge. Affirmed.

California Appellate Project, Jonathan B. Steiner and Richard B. Lennon, under

appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant Joe Dennis Hickman appeals following a judgment entered after his no contest plea. He pled no contest to voluntary manslaughter (Penal Code, 1 § 192, subd. (a)), and five counts of felony child abuse (§ 273a, subd. (a)). Defendant also admitted that he inflicted great bodily injury during the commission of each of the five child abuse offenses. (§ 12022.7, subd. (d)). Consistent with the plea agreement, the trial court sentenced him to a total of 26 years. Defendant’s appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief but has not done so. We affirm the judgment. DISCUSSION The testimony at the preliminary hearing established the following. Defendant lived with his girlfriend. She was the mother of his child and several other children. One of the girlfriend’s children, Deshawn Z., died after he was beaten by defendant and his girlfriend. Defendant admitted to the police that he and his girlfriend hit the child with a yellow tube or stick on the day the child died. The defendant and his girlfriend also admitted to the police that each had hit the child in the past. Defendant specifically admitted to punching Deshawn Z. in the face with his fist. At the time of his death, the child was 18 months old, weighed 23 pounds, and was poorly nourished. The medical examiner testified the child died as a result of traumatic injuries, dehydration, and “intravascular sickling due to the sickle cell trait.” At the conclusion of the preliminary hearing, defendant was held to answer for murder (§ 187(a)), felony assault resulting in the death of a child (§ 273ab), and felony child abuse (§ 273a). Defendant’s subsequent motion to set aside the information under section 995 was denied. Through his bar-appointed counsel, defendant engaged in plea negotiations and a deal was reached. Under the terms of the agreement, the prosecution amended the information to add one count of voluntary manslaughter (§ 192, subd. (a)), and five