People v. Kilpatrick CA3

Filed 1/20/22 P. v. Kilpatrick CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C093867

Plaintiff and Respondent, (Super. Ct. No. 20F5775)

v.

BRANDON WILLIAM KILPATRICK,

Defendant and Appellant.

Appointed counsel for defendant Brandon William Kilpatrick has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. BACKGROUND The People charged defendant with two counts of inflicting corporal injury to a spouse, resulting in a traumatic condition (Pen. Code, § 273.5, subds. (a) & (f))1 and

1 Undesignated statutory references are to the Penal Code.

1

further alleged as to each count that defendant had a prior conviction for corporal injury under section 273.5 and a prior strike conviction for making criminal threats. As to the first count of corporal injury, the prosecution further alleged that defendant personally inflicted great bodily injury. (§ 12022.7.) The prosecution also charged defendant with battery upon an officer (§ 243, subd. (b)), two counts of resisting an executive officer (§ 69), and obstructing or delaying an officer (§ 148, subd. (a)(1)). Defendant waived his right to a preliminary hearing and entered into a stipulated plea wherein he pleaded no contest to one count of inflicting corporal injury, admitted he inflicted great bodily injury, and admitted that he suffered a prior strike conviction. He also pleaded no contest to two counts of resisting an executive officer and obstructing or delaying an officer. The parties stipulated the factual basis for the charges was found in the police report. The trial court sentenced defendant to the stipulated term of seven years in prison, which was calculated by imposing the low term of two years for the corporal injury, doubled to four years due to the prior strike conviction, and an additional three years for the great bodily injury enhancement. Defendant was also sentenced to a consecutive eight months on an unrelated case. He was sentenced to time served for the remaining misdemeanor counts. The trial court awarded defendant 219 days of presentence custody credits, with specified conduct credits limited under section 2933.1. The trial court imposed a restitution fine (§ 1202.4) and imposed and suspended an identical postrelease community supervision revocation restitution fine (§ 1202.45), imposed a court operations fee (§ 1465.8), and a court conviction assessment (Gov. Code, § 70373). Defendant’s request for a certificate of probable cause was denied. (§ 1237.5.) DISCUSSION We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal.