People v. Stanfield CA2/2

Filed 11/2/15 P. v. Stanfield CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B260318

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA172595) v.

PAUL STANFIELD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed.

Jonathan B. Steiner, Executive Director, California Appellate Project, Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Noah P. Hill and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

___________________________________________________

Defendant Paul Stanfield appeals from the denial with prejudice of his petition for recall of sentence under Penal Code section 1170.126.1 The superior court found defendant ineligible for recall on the ground that he intended to inflict great bodily injury. Defendant appeals, asserting that the trial court erred in making factual findings beyond those establishing the nature or basis of defendant’s current conviction. FACTUAL AND PROCEDURAL BACKGROUND On March 25, 1999, defendant was convicted of willful infliction of corporal injury on a cohabitant in violation of section 273.5, subdivision (a). The jury found “not true” the allegation that defendant personally inflicted great bodily injury on the victim within the meaning of former section 12022.7, subdivision (d). His conviction was affirmed by this court in an unpublished opinion in case No. B132558 on June 29, 2000.2 The statement of facts in that opinion revealed the following: “Sparkle A. began dating appellant in late 1995, and she became his girlfriend. On July 17, 1998, when she was pregnant with appellant’s child, she moved into her own apartment. Appellant moved into that apartment the next day. Sparkle gave appellant a key to the apartment shortly after he moved in. Sparkle paid the rent. “Appellant was still living with Sparkle on August 9, 1998. On August 9, shortly after midnight, appellant became jealous when Sparkle was having a telephone conversation with a male friend. Appellant fought with Sparkle, punching her in the nose, lip, and head. As a result, Sparkle had a chipped tooth, received five stitches to her lip, and has scars on her nose and lip.” Upon conviction for the willful infliction of corporal injury on Sparkle, defendant was sentenced as a third strike offender. On March 12, 2013, he filed a petition for recall of sentence. On October 15, 2013, the People filed an opposition to the petition, arguing that defendant was not eligible under section 1170.12, subdivision (c)(2)(C)(iii) because