1

Filed 4/12/16 P. v. Foster 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent,

v.

JOHN ERIC FOSTER,

Defendant and Appellant. C079108

(Super. Ct. No. 13F03488)

Appointed counsel for defendant John Eric Foster has asked this court to review

the record to determine whether there exist any arguable issues on appeal. ( People v.

Wende (1979) 25 Cal. 3d 436 ( Wende ).) Finding no arguable error that would result in a

disposition more favorable to defendant, we will affirm the judgment.

I

We provide the following brief description of the facts and procedural history of

the case. (See People v. Kelly (200 6) 40 Cal. 4th 106, 110, 124.) On May 13, 2013,

defendant ’ s former girlfriend, Marcella M., awoke to defendant punching her in the face2

with a weapon “ placed over his knuckles. ” Later that same day, they were at a gas

station and defendant punched Marcell a in the face with such force she hit a brick wall

and fe ll to the ground unconscious.

L ater that day, while they at defendant ’ s apartment, defendant punched Ma rcella

in the face repeatedly. Defendant kept Marcella in the apartment against her wil l until the

following morning.

On May 17, 2003, Marcella went to the hospital. She had a concussion and her

brain was bleeding; her face and elbow were bruised and she was experiencing pain in

her head and sides. As a result of defendant beating her, Marcella was rendered partially

blind in her right eye and suffered hearing loss in her right ear.

Defendant was arrested, charged with multiple crimes, and later pleaded no

contest to two counts of battery causing serious bodily injury, admitted serving two prior

prison terms, and admitted being previously convicted of a strike offense. The rem aining

charges were dismissed.

The trial court subsequently sentenced defendant to an aggregate term of 20 years

in state prison and awarded him 26 days of pre sentence custody credit, including 13 days

of conduct credit. The trial court also ordered defendant to pay several fines and fees.

Defendant filed a timely notice of appeal and the trial court granted his request for

a certificate of probable cause.

II

We appoi nted counsel to represent defendant on appeal. Counsel filed an opening

brief setting forth the facts of the case and, pursuant to Wende, supra , 25 Cal. 3d 436,

requesting the court to review the record and determine whether there are any arguable

issues o n appeal. Defendant was advised by counsel of the right to file a supplemental

brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed

and we received no communication from defendant.3

Having undertaken an examination o f the entire record pursuant to Wende , we find

no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

/s/

Blease, Acting P. J.

We concur:

/s/

Duarte , J.

/s/

Hoch , J.