People v. Blocker CA1/3

Filed 5/14/15 P. v. Blocker CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A141733 v. KEVIN JOHN BLOCKER, (Contra Costa County Super. Ct. No. 1214964) Defendant and Appellant.

In re KEVIN JOHN BLOCKER A143540 on Habeas Corpus.

Defendant appeals a judgment entered following his no contest plea to five counts arising out of an incident involving domestic violence. On appeal, he challenges the denial of his Marsden1 motion made during the sentencing hearing. In his petition for habeas corpus, defendant argues that his trial attorney provided ineffective assistance with respect to his plea bargain.2 We shall affirm the judgment and deny the writ petition.

1 People v. Marsden (1970) 2 Cal.3d 118 (Marsden). 2 We ordered the petition consolidated with the appeal and deferred deciding whether to issue an order to show cause. We hereby grant the request in defendant’s petition to take judicial notice of the record in this appeal.

1

Factual3 and Procedural Background From approximately February through April 2012, defendant and the victim lived together with the victim’s five-year-old son. When the victim came home on the evening of April 23, 2012, defendant was angry and accused her of being with another man.~ (CT 25, 135)~ He locked the door while yelling, “nobody’s leaving this house” and demanded to see her cell phone. He told her he was “going to beat [her] ass” because she would not tell him her cell phone password. Over the next few hours, defendant sexually assaulted her and beat her with a belt demanding the password. He plugged in her curling iron and threatened to stick it inside of her and tried to drown her in the toilet and bathtub, saying that he was going to kill her. When she finally unlocked the cell phone, defendant said, “all you had to do was give me the phone and this would have never happened.” The following morning, the victim sent a message to her sister asking her to call the police. When the police arrived later that morning, an officer observed significant bruising on the victim’s legs. The victim’s son was in the home at the time of the attack and reported to the police that during the assault he felt sad and scared because he thought his mother was going to die and he could not do anything for her. Defendant was charged by information with 15 counts arising out of the incident. On February 18, 2014, defendant entered a plea of no contest to the following five counts: attempted torture (§ 206/664 – count 15), inflicting corporal injury to cohabitant (§ 273.5, subd. (a) – count 4); false imprisonment by violence (§§ 236, 237, subd. (a) – count 9); child endangerment (§ 273a, subd. (a) – count 13); and assault by force likely to produce great bodily injury (§ 245, subd. (a)(1) – count 14). He also admitted the section 12022, subdivision (b)(1) and section 12022.7, subdivision (e) enhancements alleged under count 4 and admitted four prior prison terms alleged pursuant to section 667.5, subdivision (b). In exchange for his plea he was promised a maximum state prison term of 18years and eight months and dismissal of the remaining counts and allegations.