Arnett

People v. Arnett

Caution
139 Cal. App. 4th 1609·2006 Cal. App. LEXIS 820·2006 Daily Journal DAR 6727·44 Cal. Rptr. 3d 206·2006 Cal. Daily Op. Serv. 4595
Court of Appeal of CaliforniaMay 31, 2006C047855California2,624 words

Opinion

Opinion

Butz, J.

Defendant Robert Dwayne Arnett was found guilty by a jury of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)—count l) and battery with serious bodily injury (§ 243, subd. (d)—count 2). In a bifurcated proceeding, the trial court found defendant had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subd. (b)) and a prior serious felony conviction (§ 667, subd. (a)(1)). Probation was denied and defendant was sentenced to serve 13 years in state prison, consisting of a four-year upper term for violation of section 243, subdivision (d), doubled based on defendant’s prior strike conviction (§ 667, subd. (e)(1)), plus five years for the prior serious felony enhancement (§ 667, subd. (a)). An eight-year term on the remaining count was stayed pursuant to section 654.

Defendant appeals, raising numerous claims. Finding none of these meritorious, we shall affirm.

FACTUAL BACKGROUND

The victim, John Walton, had been acquainted with defendant for 20 years. Walton’s niece Victoria lived upstairs in the same apartment complex as defendant’s girlfriend/fianceé, A.G. Defendant lived there with A.G., her two children (seven-year-old…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.