People v. Fuller CA2/6

Filed 1/4/21 P. v. Fuller CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B299283 (Super. Ct. No. 2018039735) Plaintiff and Respondent, (Ventura County)

v.

CHARLIE LOUIS FULLER,

Defendant and Appellant.

Charlie Louis Fuller appeals after a jury convicted him on four counts: (1) infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a))1, with special allegations that he inflicted great bodily injury (§ 12022.7, subd. (e)) and personally used a deadly weapon, a machete (§ 12022, subd. (b)(1)); (2) assault with a deadly weapon (§ 245, subd. (a)(1)), with a great bodily injury allegation (§ 12022.7, subd. (e)); (3) battery with serious bodily injury (§ 243, subd. (d)), with personal use of a

All statutory references are to the Penal Code unless 1

otherwise stated.

machete (§ 12022, subd. (b)(1)), and great bodily injury (§ 1192.7, subds. (c)(8) & (32)); and (4) misdemeanor battery (§ 243, subd. (e)(1)). The jury found true the allegation that Fuller was previously convicted of voluntary manslaughter (§ 192, subd. (a)) within the meaning of section 667, subdivisions (a)(1) and (c). In a separate proceeding, the jury found his prior conviction allegation to be true. The trial court denied appellant’s request for a mental health diversion under section 1001.36. Appellant received 13 years in state prison. On count 1, the court imposed the low term of two years, doubled to four years, plus a consecutive three-year term for the great bodily injury enhancement, and a one-year deadly weapon enhancement, for a total of eight years as the principal term. The court imposed a consecutive five-year term for the prior conviction to bring count 1’s aggregate term to 13 years. It imposed and stayed counts 2 and 3. On count 4 the court sentenced appellant to 120 days in custody, to be served concurrently with the felony sentence. The trial court also imposed: (1) a $1,050 restitution fine (§ 1202.4, subd. (b)); (2) a $1,050 parole revocation fine, stayed pending completion of parole (§ 1202.45); (3) a $160 court operations assessment (§1465.8); and (4) a $120 conviction assessment (Gov. Code, § 70373). It granted defense counsel’s request to strike the restitution fine pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157. This appeal followed. We conditionally reverse the judgment and remand with instructions to: (1) hear appellant’s request for a mental health diversion under section 1001.36; and (2) correct the abstract of judgment as indicated if the trial court decides to reinstate his convictions.