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People v. Ornelas

California Court of Appeals, Second District, Sixth Division
May 24, 2011
2d Crim. B225029 (Cal. Ct. App. May. 24, 2011)

Opinion

NOT TO BE PUBLISHED

Ventura County Super. Ct. No. 2008022816, Rebecca S. Riley, Judge

David A. Andreasen, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


COFFEE, J.

Rudy Joseph Ornelas appeals from the judgment entered after his conviction by jury of corporal injury to a former spouse or child's parent. (Pen. Code, § 273.5, subd. (a).) He admitted to having two prior section 273.5, subdivision (a) convictions within seven years of the instant offense. (Id., subd. (e)(1).) The trial court suspended imposition of sentence and granted appellant three years of probation with terms and conditions, including one year of confinement in county jail. The court ordered that appellant have no contact with the victim and issued a protective order.

Appellant and the victim were married in 2001. They separated in 2005 and divorced in 2008. They have two minor daughters, who were ages six and seven at the time of trial.

On April 27, 2008, appellant and the victim met in a McDonald's parking lot in Oxnard for a custody exchange. Appellant had taken the children on a trip to Utah and was returning them to the victim. He began removing the children's belongings from his car and placing them in the victim's car. She turned her back to buckle a car seat into her car, and appellant threw another car seat at her. It struck her head, creating a painful, dime-sized bump that lasted four to five days. The victim left the parking lot and drove around for approximately 90 minutes before deciding to call the police. An officer took a report and photographed the bump.

We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting that this court independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

On October 4, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished to raise on appeal. We have received no response from him.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 124; People v. Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

We concur: YEGAN, Acting P.J., PERREN, J.


Summaries of

People v. Ornelas

California Court of Appeals, Second District, Sixth Division
May 24, 2011
2d Crim. B225029 (Cal. Ct. App. May. 24, 2011)
Case details for

People v. Ornelas

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RUDY JOSEPH ORNELAS, Defendant…

Court:California Court of Appeals, Second District, Sixth Division

Date published: May 24, 2011

Citations

2d Crim. B225029 (Cal. Ct. App. May. 24, 2011)