Opinion
F075448
08-28-2018
Melissa Baloian Sahatjian, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRF51190)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Melissa Baloian Sahatjian, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Smith, J. and Snauffer, J.
-ooOoo-
Appellant John Robert Arrowood appeals from his conviction for felony domestic violence (Pen. Code, § 273.5, subd. (a)), felony making criminal threats (§ 422, subd. (a)), and a great bodily injury enhancement (§ 12022.7, subd. (a)).
All statutory references are to the Penal Code. --------
FACTUAL AND PROCEDURAL BACKGROUND
On August 19, 2016, appellant, who had been drinking, threatened to kill the victim, his wife, punched and hit her in the chest and shoulders, and threw her into the kitchen wall. The victim suffered bruising and swelling to her face, including a welt on her forehead.
On March 7, 2017, a jury convicted appellant of felony domestic violence (§ 273.5, subd. (a)/count 1) and felony making criminal threats (§ 422, subd. (a)/count 2). The jury found true the allegation as to count 1 that appellant inflicted great bodily injury on the victim within the meaning of section 12022.7, subdivision (e).
On April 5, 2017, the trial court denied probation and sentenced appellant as follows: the midterm of three years on count 1, with an additional three years for the great bodily injury enhancement, to be served consecutive to the sentence imposed on count 1. As to count 2, the court imposed a term of two years, to be served concurrent to count 1. The court imposed a restitution fine of $2,100 (§ 1202.4, subd. (b)), and a $2,100 suspended probation fine (§ 1202.45).
Appellant filed a notice of appeal in the Tuolumne County Superior Court on April 7, 2017.
Appellant's appellate counsel has filed a brief that 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.) Appellant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Appellant has not responded to this court's invitation to submit additional briefing.
DISCUSSION
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.