P. v. Richards CA3

Filed 6/28/13 P. v Richards CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE,

Plaintiff and Respondent, C069627

v. (Super. Ct. No. SF115098A)

GEORGE RICHARDS,

Defendant and Appellant.

Appointed counsel for defendant George Richards asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record and the parties‟ supplemental briefs, we conclude the protective order for defendant‟s spouse must be corrected to cite the applicable code section and the protective order for the houseguest must be stricken. In all other respects, the judgment is affirmed. SUMMARY OF FACTS AND PROCEDURAL HISTORY About 1:00 a.m. on June 14, 2010, defendant hit his sleeping wife over the head with a hammer. When she screamed for help, defendant strangled her to unconsciousness. A female houseguest called 911 on her cell phone. Defendant then

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strangled the houseguest to unconsciousness. Defendant returned to his room where he attempted to hang himself. When officers arrived, defendant claimed he was “drunk on vicodin.” Defendant‟s wife required staples to close the wounds on her head. She had a laceration on her ear and some bruising on her torso. The houseguest had evidence of strangulation on her face. Defendant entered a negotiated plea of no contest to assault by means of force likely to produce great bodily injury on the houseguest (Pen. Code, § 245, subd. (a)(1)1 [now (a)(4)]; count 3) and admitted personally inflicting great bodily injury (§ 12022.7, subd. (e)). He also pled no contest to infliction of corporal injury to his wife (§ 273.5, subd. (a); count 4) and admitted he personally inflicted great bodily injury (§ 12022.7, subd. (e)) and personally used a deadly or dangerous weapon, to wit, a hammer (§ 12022, subd. (b)(1)). Defendant entered his pleas and admissions in exchange for a sentence range of six to twelve years four months. Two counts of attempted murder were dismissed in the interest of justice in view of the plea. The court sentenced defendant to state prison for an aggregate term of nine years, consisting of the midterm of three years for count 4, plus four years for great bodily injury and one year for weapon use, a consecutive one-third the midterm or one year for count 3, and stayed a four-year term for great bodily injury. The trial court also imposed protective orders for defendant‟s spouse and the houseguest. Defendant appeals. He did not seek a certificate of probable cause (§ 1237.5). We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d