People v. Russell CA3

BACKGROUND

On or about July 3, 2012, defendant willfully inflicted corporal injury on Patricia Doe, his former cohabitant. The People charged defendant with domestic violence, resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a))1 and knowingly violating a criminal protective order (§ 166, subd. (c)(1)). The People also alleged that defendant was previously convicted of domestic violence (§ 273.5) and assault with a deadly weapon (§ 245). Defendant pleaded no contest to the domestic violence charge and admitted his prior conviction for assault with a deadly weapon, a strike offense. The remaining charges and allegations were dismissed in the interest of justice along with an unrelated matter. Defendant waived a referral to probation and, consistent with the plea agreement, the trial court sentenced him to four years in state prison. The court ordered defendant to pay various fines and fees and awarded him a total of 290 days of custody credit. Defendant appeals without a certificate of probable cause.

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests that we review the…