People v. Snowden CA5

Filed 11/6/15 P. v. Snowden CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069484 Plaintiff and Respondent, (Super. Ct. No. F09905324) v.

LYNN BOYD SNOWDEN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Denise Lee Whitehead, James Petrucelli, Houry A. Sanderson and Brian Alvarez, Judges.

Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Pursuant to a plea agreement, appellant Lynn Boyd Snowden pled no contest to one count of willful injury to a child, a violation of Penal Code1 section 273a, subdivision (a), and admitted eight prior strike convictions. In exchange for his plea, two other charges were dismissed, there would be an eight-year “lid” on his sentence, and he would receive a one-day release to attend a funeral. Snowden was sentenced in accordance with the plea agreement. Snowden filed a notice of appeal and a certificate of probable cause was granted. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. FACTUAL AND PROCEDURAL SUMMARY Between August 20 and September 10, 2009, Lindsay F. brought her three-year- old son to Snowden’s mobilehome. A report of child abuse was made to the police on September 10, 2009. The caller told police the child had been severely abused with a flyswatter and possibly other objects. The caller also advised that Lindsay F. and Snowden were attempting to reduce the bruising and swelling by applying cool water. Police responded to Snowden’s residence. Officers found the child in a diaper with severe bruising around his legs, arms, face, and torso. Police observed a loop pattern on the child’s body, which later was determined to be from the metal handle of a flyswatter. Lindsay F. told police the child fell. When Snowden was out of earshot, however, she told officers Snowden hit the child with a flyswatter and stated, “‘I didn’t mean for this to happen.’” When asked, Snowden denied striking the child. Police noted a flyswatter on the floor a few feet from Snowden. A few inches away from where Snowden had been seated was a glass pipe and methamphetamine. An ambulance responded to treat the child’s injuries. Paramedics determined the child needed to be transported to Valley Children’s Hospital for treatment. Lindsay F.