Opinion
A101267.
7-3-2003
THE PEOPLE, Plaintiff and Respondent, v. LUCIO G. ESOBEL, Defendant and Appellant.
As a result of a plea bargain, Lucio Esobel pled guilty to a charge of false imprisonment in violation of Penal Code section 236, willful infliction of corporal injury on a cohabitant in violation of Penal Code section 273.5, and admitted that the offense was committed while he was released from custody on a primary offense in violation of Penal Code section 12022.1. Twenty-one other counts were dismissed as well as numerous enhancements. The court denied his request for probation and sentenced him to a term of five years eight months. Defendant appeals from the judgment. Defendants counsel filed an opening brief that raises no issues and asks this court for an independent review as required by People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071. Mindful of Anders v. California (1967) 386 U.S. 738, 744, 18 L. Ed. 2d 493, 87 S. Ct. 1396, we reviewed the record on appeal and find that there are no meritorious issues to be argued or further issues to be briefed.
Discussion
Jamie Treffert knew Lucio Esobel for around eight years, dated him, lived occasionally with him, and they had one child together. They had a tempestuous relationship, marked by physical and emotional altercations.
On November 4, 1999, Treffert reported a fight between her and the defendant. He dragged her up some stairs, struck her with a broom handle, and prevented her from fleeing. He ripped the telephone out of the wall when she tried to call the police. At the preliminary hearing, Treffert testified to a different version and said she hit defendant in the nose during their fight.
On October 19, 2001, while defendant was released from custody for charges stemming from the November 4, 1999 incident, Treffert told a responding police officer that defendant attacked her while she was sleeping. At the preliminary hearing, she recanted her version and said she was responsible for what happened.
Defendant was charged with 23 counts and multiple enhancements for alleged acts of violence against Treffert on November 4, 1999, January 28, 2000, February 20, 2000, March 10, 2000, October 19, 2001, and November 8 and 9, 2001. On September 17, 2002, after his attorney explained his constitutional rights, discussed the nature of the charges and his defenses, possible sentences, and the immigration and deportation consequences, defendant initialed and signed a change of plea form as part of plea bargain by which 21 counts were dismissed as well as many enhancements. The court, through an interpreter, made certain the defendant intelligently, knowingly and voluntarily understood and waived his rights, knew the consequences of his plea, and understood the sentencing possibilities. Defendant pled guilty.
On November 6, 2002, after carefully reviewing defendants statement in mitigation and listening to arguments regarding the sentence, the court denied probation and properly sentenced the defendant.
Competent counsel represented defendant at all stages of the proceedings. Defendant appeals after a plea and after specifically waiving his right to appeal by any means except as to any sentencing error. There are no sentencing errors. The sole ground stated in the notice of appeal was failure to grant probation. There was no abuse of discretion because the record amply supports the denial of probation. The sentence and judgment are affirmed.
We concur: Swager, J., and Margulies, J.