Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County. No. FSB800541 John N. Martin, Judge.
Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ P. J.
Defendant and appellant Leonardo Medel Cervantes appeals following the revocation and termination of his probation.
FACTUAL AND PROCEDURAL BACKGROUND
A police report indicates defendant became angry at his wife when he woke up and realized she was no longer sleeping in the same room with him. When he found his wife sleeping in another room of their home, he became verbally abusive, punched her repeatedly in the face with a closed fist, broke her cell phone into two pieces, and kicked her on the back, arms, legs, and head after she fell to the floor. Defendant began choking his wife with his hands but suddenly stopped, telling her he would not kill her because he did not want to go to jail.
On February 5, 2008, defendant was charged with felony corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)—count 1) and misdemeanor interference with a wireless communication device (Pen. Code, § 591.5—count 2). Pursuant to a written plea agreement, defendant pled guilty on February 15, 2008, to count 1 and count 2 was dismissed.
On March 17, 2008, the court granted defendant three years’ probation, subject to various terms and conditions, including 180 days in county jail to be served in a weekend work release program. A bench warrant was issued on April 9, 2008, when defendant failed to appear as ordered. Probation was reinstated on April 22, 2008, with modified terms. A second bench warrant was issued on May 7, 2008, for failure to appear and defendant’s probation was revoked on June 2, 2008. On July 2, 2008, defendant admitted violating the terms of his probation. The court terminated defendant’s probation and sentenced him to the low term of two years in state prison.
DISCUSSION
On August 4, 2008, defendant filed a notice of appeal indicating he intended to challenge his sentence or other matters occurring after his guilty plea. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On February 26, 2009, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: McKINSTER J., RICHLI J.