P. v. Anderson CA3

Filed 6/13/13 P. v. Anderson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C072955

Plaintiff and Respondent, (Super. Ct. No. 12F7547)

v.

JUSTIN WAYNE ANDERSON,

Defendant and Appellant.

Defendant Justin Wayne Anderson pleaded guilty to assault with force likely to cause great bodily injury and admitted a prior strike in exchange for a stipulated sentence of four years in state prison. Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we will provide a summary of the offenses and the proceedings in the trial court.

1

On November 9, 2012, an information was filed accusing defendant of assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)—count 1) and battery with serious bodily injury (id., § 243, subd. (d)—count 2.) As to count 1, it was alleged that defendant personally inflicted great bodily injury on the victim (id., former § 12022.7). It was also alleged that defendant had one strike (Pen. Code, § 1170.12) and one prior felony conviction (id., § 667.5, subd. (b)), both arising out of a 2008 Texas conviction for “burglary of habitation” (Tex. Pen. Code Ann. § 30.02(c)(2)).

On November 19, 2012, defendant pleaded guilty to count 1 and admitted the strike, in return for the dismissal of the remaining count and allegations and a stipulated four-year state prison term (the two-year low term on count 1, doubled for the strike). The trial court awarded defendant 60 days of presentence custody credit (30 actual days and 30 conduct days). The court imposed a $480 restitution fine (Pen. Code, § 1202.4, subd. (b)), a suspended $480 restitution fine (id., § 1202.45), a $30 criminal conviction fee (Gov. Code, § 70373), and a $40 court operations fee (Pen. Code, § 1465.8, subd. (a)(1)). The court also ordered victim restitution in an amount to be determined.