Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Defendant Jacob Isaiah Esau appeals from the revocation, reinstatement and termination of his probation in Santa Clara County superior court case No. EE403289.
Premo, J.
We appointed counsel to represent Esau in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified Esau of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from Esau.
I. Factual and Procedural Background
On or about July 8, 2003, Esau assaulted Dai Nguyen, “fracturing his right eye [sic].” On January 2, 2004, Esau was charged by complaint with one count of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)), and one count of battery causing serious bodily injury. (§ 243, subd. (d).)
We presume that it was Nguyen’s eye socket or orbital bone, rather than his eye, which was fractured in the assault.
All further statutory references are to the Penal Code.
On March 1, 2004, pursuant to a plea bargain, Esau was sentenced to six months in county jail and three years probation. As part of the plea bargain, Esau pleaded guilty to assault by means of force likely to cause great bodily injury and the charge of battery was dismissed.
On December 26, 2006, Esau’s probation was revoked following his arrest in another case, Santa Clara County superior court case No. EE605440.
On January 4, 2008, at the sentencing hearing in Santa Clara County superior court case No. EE605440, the trial court reinstated and terminated probation in the instant case (EE403289) at the probation officer’s request.
There is a separate appeal, H032571, pending from the judgment in that case.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.
II. Disposition
The judgment is affirmed.
WE CONCUR: Rushing, P.J. Elia, J.