People v. Penoli CA1/1

Filed 4/12/16 P. v. Penoli CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A146726 v. MARK WILLIAM PENOLI, (Sonoma County Super. Ct. No. SCR656228) Defendant and Appellant.

In this matter, appellant appeals his convictions after a bench trial. His appellate counsel has reviewed the record in this case and she has concluded the appeal should proceed based on People v. Wende (1979) 25 Cal.3d 436. We are asked to conduct an independent review of the record in this case. Counsel has advised appellant of her decision in this regard and told her client he may chose to file a supplemental brief with this court addressing issues of his concern. She advised appellant he should file such materials within 30 days of her notification. We have not received from appellant any supplemental brief. We have conducted our review of the record and determined the appeal presents no valid legal issue which would cause us to overturn the judgment in this case. We therefore affirm the judgment. STATEMENT OF THE CASE The District Attorney of Sonoma County filed an information in this matter on November 4, 2014. Appellant was charged in count 1 with a felony violation of Penal

Code1 section 245, subdivision (a)(4) (assault by means of force likely to produce great bodily injury). Count 2 alleged a felony violation of section 273.5, subdivision (f)(1) (willful infliction of corporal injury resulting in a traumatic condition on a person with whom defendant is in a dating relationship, within seven years of a prior conviction under § 273.5, subd. (a)). The information also alleged four prior prison convictions pursuant to section 667.5, subdivision (b) and one prior strike pursuant to section 1170.12. Both sides waived their right to a jury trial, the appellant agreeing to be tried by the court. After the presentation of evidence by both sides and argument by trial counsel, the court recessed and reviewed the evidence. The court then found appellant guilty as charged. Trial on the validity of the priors was bifurcated from the trial on the crimes charged in the information. On June 17, 2015, appellant admitted the prior convictions alleged in the information. Appellant made a motion to strike the prior convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 531 (Romero). He relied on a neuropsychological evaluation that indicated appellant had an IQ of 69 after a history of sustaining traumatic head injuries. He also moved for a new trial. The court denied each motion. On October 22, 2015, appellant was sentenced to state prison for a total term of 12 years. The court imposed the mid-term of four years for the violation of count 2, which was doubled by the prior strike convictions pursuant to section 1170.12. The court also sentenced appellant to a total consecutive term of four years for the four prior prison terms. (§ 667.5, subd. (b).) Appellant filed his notice of appeal on November 6, 2015.