Opinion
A113253
12-1-2006
THE PEOPLE, Plaintiff and Respondent, v. JOSE PULIDO GUTIERREZ, Defendant and Appellant.
Appellant Jose Pulido Gutierrez appeals from the judgment entered after his guilty plea. His counsel raises no issues and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436.
BACKGROUND
Appellant was romantically involved with Jane Doe, and they began living together in September of 2005. On November 10, 2005, appellant accused Doe of infidelity and started hitting her. He hit her in the back with a closed fist, stuffed part of a ripped shirt in her mouth, and put a knife against her throat, telling her that he was going to kill her for cheating on him.
Appellant was charged with felony violations including: inflicting corporal injury resulting in a traumatic condition, criminal threats which would result in death and great bodily injury to Doe, and committing an assault upon Doe with a deadly weapon by means of force likely to produce great bodily injury. (Pen. Code, §§ 273.5, subd. (a), 422, 245, subd. (a)(1).)
On December 30, 2005, the court gave appellant permission to withdraw his initial not guilty plea and allowed him to enter a new and different plea. Appellant, while represented by counsel, voluntarily pled guilty to the charge of spousal battery with trauma, which was factually based on the felony charge of inflicting a corporal injury that resulted in a traumatic condition upon his cohabitant. (Pen. Code, § 273.5, subd. (a).)
Before accepting appellants guilty plea, the court advised him of all the constitutional rights he would waive by entry of the plea, including the right to a jury trial. The court initially advised appellant that upon successful completion of the terms of his anticipated probation, he would not have to serve any prison term. Later, on March 10, 2006, the court indicated that after reviewing the probation report it had concluded that the appropriate sentence for appellant would be a middle term in state prison. Accordingly, appellant was expressly given the choice of withdrawing his plea and going to trial, but he agreed to the three-year sentence.
The court sentenced appellant to three years in prison and awarded him 180 days credit for time served. The court also ordered that appellant pay restitution to the victim, and also pay a parole revocation fine and court security fee. In addition he was ordered to provide a blood test and saliva samples under Penal Code section 296. Appellant filed this timely appeal.
The opening Wende brief was filed on September 1, 2006. On October 2, 2006, appellants appointed attorney filed appellants request to be allowed to file his own supplemental brief. We granted that request. Appellants supplemental brief was due on October 25, 2006, but has not been filed. We contacted appellants attorney, who replied on November 22, 2006, that he has not heard or received anything further from appellant.
DISCUSSION
Our independent review of the record reveals no arguable issues.
Accordingly, the judgment is affirmed.
We Concur:
Kline, P.J.
Richman, J.