Opinion
F054695
8-5-2008
THE PEOPLE, Plaintiff and Respondent, v. MARINO CORTES MENDOZA, Defendant and Appellant.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Not to be Published
OPINION
THE COURT
On July 5, 1999, a neighbor took appellant Marino Cortes Mendozas wife to the store to buy milk. Mendoza saw her there and told her to get in the car. As Mendoza drove away with his wife, he struck her with his hand. At his wifes request, Mendoza dropped her off at her cousins house.
Later, Mendozas wife went to a bar to dance. Mendoza went to the bar and asked a security guard to call his wife outside. When she exited the bar, Mendoza told her he would kill her if she did not get in his car and forced her in. Mendozas wifes brother also got in the car. As Mendoza drove home he struck his wife with "The Club," an anti-theft device, and told her brother to stay out of it or he would kill him. At their residence, Mendoza was looking for a cable to whip his wife when sheriff deputies arrived and arrested him. Mendozas wife had a bruise on her shoulder, an abrasion across the shin of her left leg, a reddish bruise on her right ankle, and swelling on both hands (case No. MCR02472).
Around July 6, 1999, the district attorney filed a complaint charging Mendoza with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)).
On July 16, 1999, Mendoza pled no contest to inflicting corporal injury on a spouse in exchange for the dismissal of the remaining count and no initial state prison time.
On August 6, 1999, the court suspended imposition of sentence and placed Mendoza on five years probation on condition that he serve 180 days local time.
On April 17, 2003, Mendozas girlfriend prepared a plate of food for him, took it to Mendoza in the bedroom, and sat next to him. When she stated she was going to prepare a plate for another person in the house, Mendoza got angry and threw his plate against a wall. He then stood up, grabbed his girlfriend around the neck, and forced her onto her back. Mendoza held her down by squeezing her neck and told her he was going to kill her. Mendoza was arrested later that day.
Around May 16, 2003, the district attorney filed an information charging Mendoza with inflicting corporal injury on a cohabitant (Pen. Code § 273.5, subd (a)) and making criminal threats (Pen. Code, § 422). The information also alleged Mendoza had a prior conviction for inflicting corporal injury on a cohabitant (case No. MCR015167).
On July 23, 2003, Mendoza pled guilty to inflicting corporal injury on a cohabitant in exchange for the dismissal of the remaining count and prior conviction allegation and a grant of probation conditioned on Mendoza serving 270 days local time.
On September 3, 2003, the court placed Mendoza on probation for five years in accordance with his plea agreement.
On November 18, 2003, Mendozas probation was summarily revoked in each of the above cases based on Mendozas: 1) failure to report to probation within one day of his release from custody; 2) absence from his reported residence for more than 24 hours without notifying probation; and 3) failure to report to probation that he changed his address. The court also issued an arrest warrant for Mendoza on that date.
On October 3, 2007, after he was arrested on unrelated charges, Mendoza was arrested in the instant two cases.
On December 21, 2007, the court held a joint preliminary hearing and probation violation hearing. At the conclusion of the hearing, the court held Mendoza to answer to charges in two unrelated cases and found that he violated his probation in the two instant cases.
On January 23, 2008, the court sentenced Mendoza to the aggravated term of four years on his conviction in case No. MCR02472 and a concurrent term on his conviction in case No. MCR015167.
Mendozas appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Mendoza has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed. --------------- Notes: Before Vartabedian, Acting P.J., Levy, J., and Cornell, J.