Opinion
C087043
03-06-2019
THE PEOPLE, Plaintiff and Respondent, v. LUIS RICHARD CANO, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CR59650)
Around 8:00 p.m., an officer responded to the victim's home. The victim had reported that defendant Luis Richard Cano had been trying to call her. She produced a call log showing that defendant had called her several times. Defendant had left threatening voicemail messages including, "I'm going to kill you when I see you," "You better hit the hills and run for it," "[I'll b]eat the fucking shit out of you right now," and "You are fucking near dead to me home girl." He also threatened to slash her tires and said he was on his way to her home.
The officer confirmed that a criminal protective order barred defendant from contacting the victim.
Defendant pled no contest to felony stalking. The trial court imposed a two-year middle term for stalking and awarded 157 days of custody credits (79 actual; 78 conduct). The court also imposed various fines and fees.
Defendant did not obtain a certificate of probable cause.
DISCUSSION
Counsel filed an opening brief setting forth the facts of the case and requests that we review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from the defendant.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Robie, J. We concur: /s/_________
Raye, P. J. /s/_________
Krause, J.