People v. Garcia CA3

Filed 4/5/23 P. v. Garcia CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Colusa) ----

THE PEOPLE, C096042

Plaintiff and Respondent, (Super. Ct. No. CR61659)

v.

DERICK MICHAEL GARCIA,

Defendant and Appellant.

Defendant Derick Michael Garcia pled guilty to inflicting a corporal injury on his spouse, L.S., in exchange for a four-year upper term sentence in state prison. Defendant’s appointed counsel filed an opening brief raising no legal issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Having done so, we affirm.

1

BACKGROUND Testimony at a preliminary hearing1 established the following: In December 2019, defendant, L.S.,2 and their young children were staying in a motel when he accused her of having an affair with a family friend. Defendant threatened to kill her and repeatedly hit her in the face, grabbed her hair and threw her around, and choked her until she was unable to breathe and lost consciousness. After beating her, defendant told L.S. to call police to report that the family friend had raped her, and she did as instructed. Police responded to the hotel and subsequently contacted defendant in his car; he admitted arguing with L.S. about whether she had been unfaithful. A search of his vehicle revealed glass pipes with residue consistent with an instrument used for ingesting methamphetamine. A photograph of L.S.’s physical injuries was introduced during the preliminary hearing. Defendant was charged with corporal injury to a spouse and possession of drug paraphernalia. For the corporal injury count, it was alleged that defendant personally inflicted great bodily injury involving circumstances of domestic violence, and that defendant had a prior serious felony conviction and a prior strike conviction. In February 2022, defendant pled guilty to the corporal injury offense in exchange for a stipulated upper term sentence of four years in state prison and dismissal of the remaining charge and special allegations. During the change of plea hearing, the trial court specifically explained to defendant that he was agreeing to the maximum term, and that “there doesn’t need to be any other evidentiary support for the aggravated term” because the court would “simply impose [the upper term] because that’s the stipulation . . . .” Defendant acknowledged that he understood.