People v. Cory CA5

Filed 6/15/22 P. v. Cory CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F083338 Plaintiff and Respondent, (Tulare Super. Ct. No. VCF380075) v.

RYAN DALE CORY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Nathan G. Leedy, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Peña, J. and Meehan, J.

INTRODUCTION Appellant and defendant Ryan Dale Cory was placed on probation pursuant to a negotiated disposition, violated probation by committing several new offenses, admitted the violation, and was sentenced to four years in prison for his original felony conviction. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTUAL AND PROCEDURAL BACKGROUND Case No. VCF3800751 On May 19, 2019, appellant and the victim had been in a relationship for about two years. They were both homeless and used methamphetamine. On that day, they argued about another woman. The victim became angry and threw a small plastic bottle of laundry detergent at appellant’s back and told him to stay away from her. Appellant used a metal stick that was approximately two feet long to hit the victim on the top of her head. The stick cut her forehead and caused bleeding. Appellant tried to leave, but someone called the police. The victim told responding officers she did not want hospital treatment. Plea and Probation On May 13, 2019, a complaint was filed in the Superior Court of Tulare County case No. VCF380075, charging appellant with count 1, felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1));2 and count 2, felony infliction of corporal injury to a spouse/cohabitant/person in a dating relationship with two prior domestic violence convictions within seven years (§ 273.5, subd. (f)(1)), with the personal use of a deadly or dangerous weapon (§ 12022, subd. (b)(1)). It was also alleged that appellant had one