People v. Gonock CA2/6

Filed 5/20/15 P. v. Gonock CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B257529 (Super. Ct. No. F000488637) Plaintiff and Respondent, (San Luis Obispo County)

v.

GREGORY JAY GONOCK,

Defendant and Appellant.

Gregory Jay Gonock appeals from the judgment entered after he pleaded guilty to battery with serious bodily injury in violation of Penal Code section 243, subdivision (d).1 He was sentenced to prison for three years. Appellant contends that battery with serious bodily injury is not a serious offense within the meaning of section 1192.7, subdivision (c)(8). Therefore, the trial court was required to order that he serve his sentence in a county jail instead of prison. We affirm. Facts The following facts are taken from the transcript of the preliminary hearing: In response to a 911 call that "two males [were] fighting in the street," Officer Larry Edwards was dispatched to a location in San Luis Obispo. Upon his arrival, he saw Cody Bovee lying in the street. Bovee was unconscious and "his head was covered in

1 All statutory references are to the Penal Code.

blood." "[H]is lip had split in two places and he had several lacerations on the left side of his face." A trail of blood led to a motel room occupied by appellant. Police officers entered the room and arrested him. Appellant had a deep laceration on the little finger of his right hand. Appellant said, "His head really messed up my finger." Bovee was transported to a hospital, where he was placed on a ventilator. A physician at the hospital told Officer Edwards that he had "sutured a laceration inside of [Bovee's] mouth." The physician reported that Bovee had "facial fractures . . . in the middle of his face." Plea Bargain and Sentencing Appellant was charged with mayhem (§ 203); aggravated assault with a great bodily injury allegation (§§ 245, subd. (a)(4), 12022.7, subd. (a)); and battery with serious bodily injury. (§ 243, subd. (d).) Pursuant to a plea bargain, he pleaded no contest to battery with serious bodily injury. The other charges were dismissed. Before taking the plea, the court explained the plea bargain to appellant: "The agreement in this case is that it is open, which means that you could receive probation with up to a year in the county jail as a probation term. Or you could be sentenced to the state prison, and in this case, it's actual state prison, you're not eligible for 1170(h) or county jail state prison as it's referenced. You could be sentenced to actual state prison for the terms of either two years, three years or four years. [¶] Do you understand that?" Appellant replied, "Yes, Ma'am." At the time of sentencing, the court stated: "[The prosecutor] has supplied the pictures of the victim on the night of the incident. . . . I've been a lawyer or judge since 1978. I've never seen a beating like this. [¶] . . . Mr. Bovee's face was fractured in many places. His lip was in multiple fragmented pieces. He had a significant head injury that involved a subdural hematoma. He was intubated because he couldn't breath[e] on his own. He had a concussion. And obviously this was a very, very serious beating and with very serious and life threatening injuries to the victim in this case." The court sentenced appellant to state prison for the middle term of three years.