Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Super. Ct. No. VCF187899
APPEAL from a judgment of the Superior Court of Tulare County. James W. Hollman, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Levy, Acting P.J., Cornell, J., and Dawson, J.
On July 26, 2007, at approximately 4:00 p.m. D.J. arrived home and found her husband, appellant, Ivan Bello Campos, drinking outside. She went inside, took some meat out of the freezer, and went to take a nap on a couch. A short time later Campos woke D.J.by hitting her on the arm and told her to make dinner. D.J. then placed the meat in the microwave to defrost it sooner. Campos got angrier and began clenching his fist. D.J. tried to leave but Campos grabbed her by the arm and threw her on the couch. D.J. told Campos that she wanted to leave but he restrained her and continued to assault her. He then told D.J. he had a gun and asked if she wanted to see it. Campos pulled her into the bedroom, took a semiautomatic handgun out of the closet and pulled back the slide. Their four-year-old son then started crying and knocking on the bedroom door. D.J. told Campos not to hurt her and Campos replied that he was going to kill her. Campos opened the door and let his son in. He told his son to turn around and face the wall and again told D.J. he was going to kill her. Campos again pulled back the slide on the gun. However, when his son said, “Please don’t kill my mommy,” he put the gun under a pillow and broke down emotionally. D.J. was eventually able to leave the house and called the police. She sustained a bump on the back of her head and red marks on her chest.
On September 26, 2007, the district attorney filed an information charging Campos with assault with a firearm (count 1/Pen. Code, § 245, subd. (a)(2)), inflicting corporal injury on a spouse (count 2/§ 273.5, subd. (a)), making criminal threats (count 3/§ 422), possession of firearm by a felon (count 4/§ 12021, subd. (a)(1)) and child endangerment (count 5/§ 273a, subd. (b)). Counts 1 and 3 also alleged a personal use of a firearm enhancement (§ 12022.5, subds. (a) & (d)).
All further statutory references are to the Penal Code.
On January 25, 2008, Campos pled no contest to making criminal threats, inflicting corporal injury on a spouse, and being a felon in possession of a firearm in exchange for the dismissal of count 5 and an indicated sentence of five years.
On March 26, 2008, the court sentenced Campos to the indicated five-year term, the middle term of two years on his criminal threats conviction, a three-year arming enhancement, and concurrent three-year terms on each remaining count.
Campos’s 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.) Campos has not responded to this court’s 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.