People v. Smith CA4/1

Filed 3/4/16 P. v. Smith CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067231

Plaintiff and Respondent,

v. (Super. Ct. No. SCD258855)

ASBURY JOHN SMITH III,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert F.

O'Neill and Michael T. Smyth, Judges. Affirmed.

Janice R. Mazur, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff/Defendant and Respondent.

Pursuant to a plea agreement, Asbury John Smith entered a guilty plea to one

count of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)), and admitted:

(1) a section 12022.7, subdivision (e) enhancement for personally inflicting great bodily

1 All further statutory references are to the Penal Code unless otherwise specified.

injury under circumstances involving domestic violence, (2) a prior serious felony (§§

667, subd. (a)(1), 668, 1192.7, subd. (c)), and (3) a prior strike (§§ 667, subds. (b)-(i),

668, 1170.12). The trial court sentenced Smith to nine years in prison, and ordered him