People v. Womack CA3

Filed 9/3/15 P. v. Womack CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C078494

Plaintiff and Respondent, (Super. Ct. No. CRF140911)

v.

PATRICK BOUVIER WOMACK,

Defendant and Appellant.

Appointed counsel for defendant Patrick Bouvier Womack has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I We provide the following brief description of the facts and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

M.G. and defendant lived together for a brief period in 2013 before defendant was sentenced to jail for physically abusing her. Defendant moved back in with M.G. after he was released from jail in January 2014. The abuse began again. Defendant repeatedly threatened M.G., sometimes his threats were accompanied by a weapon, including a knife, a screwdriver, a stake, or a hammer. Between January 2014 and April 2014, defendant assaulted M.G. approximately nine times. On April 17, 2014, defendant missed his court-ordered domestic violence class and he sprayed M.G. in the face with pepper spray during an argument. M.G. locked herself in the bedroom but defendant kicked the door in. Defendant told M.G. the only way to get rid of her was to kill her. M.G. then locked herself in the bathroom where she texted a friend to call the police. The police arrived and arrested defendant. M.G. told the police that defendant grabbed her by the throat and arm, held a lit cigarette close to her face, and threatened to kill her. She had a bruise under her left eye and two loose front teeth (defendant hit her in the mouth with a closed fist three weeks earlier). The People later charged defendant with several felonies and alleged he was previously convicted of a strike prior (Pen. Code, § 667, subd. (e)(1))1 and served four prior prison terms (§ 667.5, subd. (b)). After the trial court denied defendant’s Marsden2 motion, defendant pleaded no contest pursuant to People v. West (1970) 3 Cal.3d 595, at pages 609-610, to using tear gas (§ 22810, subd. (g)(1)), and admitted having a prior strike conviction. As part of the plea agreement, defendant reserved the right to file a