Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC590003
Mihara, J.
In July 2005, defendant Chris Stewart Conners pleaded no contest to two counts of battery against a spouse (Pen. Code, §§ 242, 243, subd. (e)), stalking (Pen. Code, § 646.9, subd. (a)), and violation of a domestic violence order (Pen. Code, § 273.6, subd. (a)). In August 2005, the trial court suspended imposition of sentence and placed him on probation for three years. After defendant admitted to a violation of probation in March 2006, the trial court reinstated probation. In April 2007, the probation department petitioned for revocation of defendant’s probation and imposition of a prison sentence. Following a contested hearing, the trial court revoked probation and sentenced defendant to three years in state prison. Defendant has filed a timely notice of appeal.
I. Facts
Christina Butler, defendant’s probation officer, testified that she supervised defendant for approximately one year and eight months. The terms of defendant’s probation included a stay-away order involving his wife Linda Hicks Conners, monthly visits to Butler, attendance at a domestic violence program, and completion of a substance abuse program. Defendant told Butler that he had not attended a substance abuse program, because he was waiting for his insurance to cover the program. Defendant was terminated from the New Beginnings domestic violence program, because he had missed four sessions, failed to participate, refused to admit guilt, and failed to pay the fees. He then enrolled in a program in Placer County. Defendant missed his September 2006 visit to the probation department, because “[i]t was a financial burden to report.” Defendant’s urine sample in August 2006 tested positive for marijuana.
Linda Hicks Conners, defendant’s wife, testified that defendant made phone calls to her in violation of the no-contact order. She also testified that she would go to the flea market every Sunday. In November 2006, she, her mother, her brother, and her grandson Isaac went to the flea market. As they were leaving, defendant, who was about three or four car lengths away, said, “Hi” to Isaac. Defendant then called Mrs. Conners that afternoon, and told her that Isaac was not on the restraining order and that the line specifying how many feet that he was supposed to stay away from her was blank. Mrs. Conners testified that she was afraid of defendant, because he had threatened her, followed her in his car, and destroyed her property.
Defendant testified on his own behalf. He denied that he had a substance abuse problem and he was waiting for his insurance to cover a substance abuse program. He claimed that he had called Butler numerous times to reschedule his appointment, but never heard from her until after he missed his appointment. According to defendant, Mrs. Conners contacted him and was harassing him. He never contacted her. Regarding the flea market incident, defendant, who was then living in Roseville, visited his family in San Jose. He asked his son to go to the flea market in Santa Cruz. He asserted that he did not know that Mrs. Conners would be there. Defendant admitted that he smoked marijuana.
II. Discussion
Appointed appellate counsel has filed an opening brief that states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
III. Disposition
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J., Duffy, J.