People v. Wilson CA3

Filed 3/20/24 P. v. Wilson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C097887

v. (Super. Ct. No. 22FE009156)

STEVEN RYAN WILSON,

Defendant and Appellant.

Defendant Steven Ryan Wilson hit and kicked the mother of his minor child and prevented her from leaving her home for a period of time. A jury found defendant guilty of assault, infliction of corporal injury on a former dating partner, and false imprisonment. It also found true a great bodily injury enhancement allegation. The trial court sentenced defendant to three years eight months in state prison, consisting of the following: the middle term of three years for the corporal injury conviction, a stayed four-year term for the great bodily injury enhancement, and a consecutive eight months (one-third the middle term) for the false imprisonment conviction. The trial court imposed one year for the assault conviction but stayed the term under Penal Code section 654.1

1 Undesignated statutory references are to the Penal Code.

1

Defendant now contends (1) the trial court should have stayed the sentence for false imprisonment because all of his offenses were part of a single objective, and (2) the one-year sentence on the assault conviction is unauthorized because the maximum sentence for that offense is six months. We agree with the People that only the second contention has merit. We will modify the judgment to impose a six-month sentence on defendant’s simple assault conviction, stay that sentence under section 654, and affirm the judgment as modified. BACKGROUND In May 2022, while defendant was visiting his son and his son’s mother (mother) to celebrate the son’s fifth birthday, he spoke with another woman on the phone. Mother asked defendant to leave, and they began arguing. Defendant hit her in the face multiple times. She fell to the ground and defendant continued to hit and kick her while yelling obscenities. Mother asked defendant to allow their son to leave, but defendant said no and pushed her. She opened the front door but defendant told her she was not leaving and closed the door. Mother took the son into the bathroom. Defendant broke the door open and punched her again. Mother ran to the garage and opened the automatic garage door. Defendant tried to close the door while mother tried to keep it open. Defendant grabbed her but mother slipped away and ran to a neighbor’s house. The son followed her. Mother had black eyes, a concussion, bruised ribs, a cut above her eye that required stitches, and a laceration on top of her head. The jury found defendant not guilty of assault with a deadly weapon (§ 245, subd. (a)(1) -- count one) but guilty of simple assault as a lesser included offense (§ 240). It also found defendant guilty of infliction of corporal injury on a former dating partner (§ 273.5, subd. (a) -- count two) and false imprisonment (§ 236 -- count three), and found true a great bodily injury enhancement attached to count two (§ 12022.7, subd. (e)).