Filed 1/22/16 P. v. Love CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL LAMAR LOVE,

Defendant and Appellant. H042233 (Santa Clara County Super. Ct. No. B1470615)

I. INTRODUCTION

Defendant Michael Lamar Love pleaded no contest to assault by means of force

likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) 1 and admitted the

allegation that he had one prior convi ction for a serious or violent felony that also

qualified as a strike within the meaning of the Three Strikes law (§§ 667, subds. (b)

- (i),

1170.12) After striking the prior conviction in the interest of justice (§ 1385), the trial

court imposed a term of two years in the state prison.

Defendant filed a timely notice of appeal, and we appointed counsel to represent

him in this court. Appointed counsel has filed an opening brief that states the case and

facts but raises no issue. We notified defendant of his right to submit written argument

1 All further statutory references are to the Penal Code unless otherwise indicated.2

on his own behalf within 30 days. The 30

- day period has elapsed and we have received

no response from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436 ( Wende ) and People v. Kelly

(2006) 40 Cal.4th 106 ( Kel ly ) , we have reviewed the entire record. Following the
California Supreme Court’s direction in Kelly

, supra , at page 110, we provide “a brief

description of the facts and procedural history of the case, the crimes of which the

defendant was convicted, and the punishment imposed.”

II. FACTUAL BACKGROUND

Since no preliminary hearing was conducted in this case, our description of the

facts of the instant offense is taken from the probation report.

On the morning of January 14, 2014, the victim, Kenneth Lar ry Cordova, arrived

for work at the Armory homeless shelter in Sunnyvale. Defendant was present at the

shelter and an altercation then occurred between defendant and Cordova. During the

altercation, defendant approached Cordova from behind and struck him in the face twice

with a closed fist. Cordova fell down and defendant kicked or punched him while he was

on the floor. Defendant then fled the scene.

Cordova was injured in the altercation with defendant. An emergency room

physician advised police officers that Cordova had sustained a sinus fracture and a

fracture above his right eye. Cordova also received multiple sutures to his upper lip.

I II. PROCEDURAL BACKGROUND

The complaint filed in January 2014 charged defendant with assault by means of

f orce likely to produce great bodily injury (§ 245, subd. (a)(4) ; count 1 ) and alleged that

defendant had one prior conviction for a serious or violent felony that also qualified as a

strike within the meaning of the Three Strikes law (§§ 667, subds. (b)

- (i ), 1170.12) and

one prior conviction for a serious felony (§ 667, subd. (a)).

On September 16, 2014, defendant entered into a plea agreement in which he

pleaded no contest to count 1 and admitted that he had a prior strike conviction, in3

exchange for a ma ximum sentence of four years. The prosecutor dismissed the allegation

that defendant had a prior serious felony conviction.

At the sentencing hearing held on January 29, 2015, the trial court heard argument

on defendant ’ s motion pursuant to People v. Sup erior Court ( Romero ) (1996) 13 Cal.4th

497 , and dismissed the prior strike conviction in the interest of justice. The trial court

then sentenced defendant to the lower term of two years on count 1.

Additionally, the trial court ordered defendant to pay a $ 600 restitu tion fine

(§ 1202.4 ) and suspended the imposition of a $600 parole revocation restitution fine

(§ 1202.4 5 ). The court also ordered payment of a court security fee of $ 40 (§ 1465.8)

,

a criminal conviction assessment fee of $ 30 (Gov. Code, § 70 373) , and a criminal justice

administration fee of $129.75 payable to the City of Sunnyvale (Gov. Code, § 29550. 1).

I V. WENDE ANALYSIS

Having carefully reviewed the entire record, we conclude that there are no

arguable issues on appeal. ( Wende

, supra , 25 Cal.3d at pp. 441

- 443.)

V. DISPOSITION

The judgment is affirmed.____________________________________ B AMATTRE

- MANOUKIAN, J

.

WE CONCUR:

_________________________________ ELIA, ACTING P.J.

_________________________________ MIHARA , J.