People v. Kriger CA4/2 ( 2016 )

Filed 8/26/16 P. v. Kriger CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E065383
v. (Super.Ct.No. FVI1502674)
JOHNATHAN HOWARD KIGER, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Colin J. Bilash,
Judge. Affirmed.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
Defendant and appellant Johnathan Howard Kiger was charged by felony
complaint with inflicting corporal injury on a spouse or cohabitant (Pen. Code,1 § 273.5,
subd. (a), count 1), criminal threats (§ 422, count 2), and dissuading a witness from
testifying (§ 136.1, subd. (a), count 3). It also alleged that defendant had suffered one
strike conviction. (§§ 1170.12, subds. (a)-(i) & 667, subds. (b)-(i).) The complaint was
amended by interlineation to allege a new charge of attempted corporal injury to a spouse
or cohabitant (§§ 664/273.5, subd. (a)) as count 4. Defendant entered a plea agreement
and pled no contest to count 4 and admitted the prior strike. In exchange, the parties
agreed to a two-year sentence in state prison and the dismissal of the remaining counts.
The parties stipulated that the police reports provided a factual basis for the plea. The
court sentenced defendant, in accordance with the plea agreement, to two years in state
prison. The court neglected to dismiss counts 1 through 3 at sentencing, but subsequently
ordered those counts dismissed.
Defendant filed a timely notice of appeal with a request for certificate of probable
cause, which was denied. We affirm.
1 All further statutory references will be to the Penal Code, unless otherwise
noted.
2
PROCEDURAL BACKGROUND
Defendant was charged with, and pled no contest to, the allegation of attempted
infliction of corporal injury to a spouse or cohabitant. (§§ 664/273.5, subd. (a).) He also
admitted the allegation that he had one prior strike conviction. (§§ 1170.12, subds. (a)-(i)
& 667, subds. (b)-(i).)
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of
the case and one potential arguable issue: whether defendant was properly advised of his
constitutional rights and consequences of pleading guilty, and whether he voluntarily
waived them. Counsel has also requested this court to undertake a review of the entire
record.
We offered defendant an opportunity to file a personal supplemental brief, which
he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
conducted an independent review of the record and find no arguable issues.
3
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
J.
We concur:
RAMIREZ
P. J.
CODRINGTON
J.
4