People v. Hubbard CA2/8

Filed 4/12/16 P. v. Hubbard CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B261546

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA130667) v.

ROBERT WILLIAM HUBBARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Ricardo R. Ocampo, Judge. Affirmed.

Marta I. Stanton, 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, Senior Assistant Attorney General, Paul M. Roadarmel and William N. Frank, Deputy Attorneys General, for Plaintiff and Respondent.

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Robert W. Hubbard plead no contest to inflicting corporal injury upon his live-in girlfriend, admitted a prior strike conviction, and was sentenced to an aggregate term of 11 years in state prison. He contends the trial court erred in failing to dismiss the prior strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We affirm. FACTUAL AND PROCEDURAL BACKGROUND1 Shareka S. and Hubbard lived together for about two years. On July 5, 2013, the two were arguing about ending their relationship while sitting in a car on Central Avenue in Los Angeles. Hubbard got out of the car and hit Shareka S. numerous times in the face with a cane. Shareka S. did not recall how many times she was hit, but at some point she lost consciousness. When she awoke, she found she had urinated and defecated on herself. She suffered a broken tooth and had severe bruises on her eye. Hubbard was charged with corporal injury to a cohabitant. (Pen. Code, § 273.5.)2 It was further alleged that he used a dangerous weapon and inflicted great bodily injury in the commission of the offense. (§§ 12022, subd. (b)(1); 12022.7, subd. (e).) It was further alleged he suffered a prior conviction for robbery in 2001, a strike. (§§ 667, subds. (b)-(i), 1170.12 subds. (a)-(d).) It was also alleged the same prior was a serious felony. (§ 667 subd. (a)(1).) Three prior convictions were charged as prior prison terms (§ 667.5, subd. (b)), and it was alleged Hubbard was required to serve his sentence in state prison because he was a registered a sex offender. (§ 1170 subd. (h)(3).) Hubbard plead no contest to inflicting corporal injury (§ 273.5, subd. (a)) and admitted he used a deadly weapon (§ 12022, subd. (b)(1)) and inflicted great bodily injury (§ 12022.7, subd. (e)) while doing so. He also admitted he was previously convicted of robbery, as a strike conviction and as a prior serious felony. Thereafter, the trial court permitted Hubbard to withdraw his plea to the prior conviction as a serious