People v. Belton CA3

Filed 7/22/16 P. v. Belton 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C081127

Plaintiff and Respondent, (Super. Ct. No. 15F04808)

v.

CECIL LEON BELTON,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We briefly recount the facts and proceedings in accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124. At approximately 1:30 p.m. on August 5, 2015, defendant Cecil Leon Belton confronted his live-in girlfriend outside, in the courtyard of their home. He punched her several times in the head and then picked up a cinder block to use on her head but she blocked it, causing an injury to her arm. She fled toward a neighbor who…