Opinion
E052735
08-02-2011
THE PEOPLE, Plaintiff and Respondent, v. KENNETH JAMES CORBETT, Defendant and Appellant.
Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SWF028354)
OPINION
APPEAL from the Superior Court of Riverside County. Angel M. Bermudez, Judge. Affirmed.
Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant Kenneth James Corbett appeals from the trial court's order finding him in violation of probation, terminating his probation and sentencing him to two years in prison.
For his original offense, on September 21, 2009, Corbett pled guilty to one count of inflicting corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)), in exchange for the People dropping two other charges: making criminal threats (§ 422) and resisting a peace officer (§ 148, subd. (a)). The court placed Corbett on probation and ordered him to serve 365 days in jail, the last 185 days of which was to convert to alternative custody through a work release program.
Sheriff's deputies, responding to a report of domestic violence, witnessed Corbett ramming the victim's head, back and body into a metal fence. Corbett then attempted to flee from the deputies. Corbett and the victim were not married, but had a child together and at that time lived together.
All further statutory references are to the Penal Code unless otherwise indicated.
Corbett was again arrested in April 2010 after the same victim reported to law enforcement that, on March 5, 2010, Corbett violated a restraining order by attempting to break into her home and then kicking the door of the vehicle to which she had fled. However, the trial court did not base the probation violation on this incident.
On November 19, 2010, the trial court found Corbett in violation of his probation for failing to appear for his weekend work release jail time. At sentencing on December 27, 2010, the court terminated Corbett's probation and sentenced him to the low term of two years on the 2009 corporal injury conviction.
Corbett appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, and requesting this court to conduct an independent review of the record.
We offered Corbett an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
DISPOSITION
The conviction is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
HOLLENHORST
J.
RICHLI
J.