People v. Mosley CA5

INTRODUCTION

Timothy Mosley Jr. (appellant) pleaded no contest to battery causing serious bodily injury (Pen. Code, § 243, subd. (d)).1 The trial court sentenced him to two years in state prison. On appeal, appellant’s appointed counsel filed a brief with this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no error and asking this court to review the record and determine if there are any reasonably arguable issues on appeal. Appellant was afforded an opportunity to submit a supplemental letter or brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm.

BACKGROUND

The Kern County District Attorney’s Office filed an information charging appellant with assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 1) with a great bodily injury enhancement (§ 12022.7, subd. (a)), and battery causing serious bodily injury (§ 243, subd. (d); count 2). As to each count, the People alleged appellant suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior serious felony conviction (§ 667, subd. (a)(1)). According to…