Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County. No. F06904276-3 Arlan L. Harrell, Judge.
Paul Ruch Stubb, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Vartabedian, Acting P.J., Kane, J., and Poochigian, J.
On June 17, 2006, appellant, Rudy Anthony Esparza, turned his truck in front of another vehicle causing a three-vehicle accident. Esparza got out of his truck and checked to see if the other drivers were injured. He then returned to his truck and began yelling at and hitting his ex-wife, who was a passenger in his truck, because she wanted to call the police.
Esparza initially told highway patrol officers that his ex-wife was driving. When one witness told the officers that Esparza was driving, Esparza started fighting with the witness, and Esparza was subdued with pepper spray and taken into custody (case No. F06904276-3).
Esparza’s ex-wife told the responding officers that Esparza was her ex-husband and he was currently living with her and their children. She also stated that Esparza had been drinking all day and prior to the collision had a beer in his lap. After the collision, Esparza told her to lie about what happened. She tried to call 911 on her cell phone but Esparza knocked the phone out of her hand. As his ex-wife walked away, Esparza hit her on the head with his fist, grabbed her, and began to shake her.
On June 20, 2006, the district attorney filed a complaint in case No. F06904276-3 charging Esparza with assault with a deadly weapon (count 1/Pen. Code, § 245, subd. (a)(1)), inflicting corporal injury on a cohabitant with a prior conviction (count 2/Pen. Code, § 273.5, subd. (e)), possession of PCP (count 3/Health & Saf. Code, § 11377, subd. (a)), resisting arrest (count 4/Pen. Code, § 148, subd. (a)(1)), and driving under the influence of alcohol or drugs (count 5/Veh. Code, § 23152, subd. (a)).
On July 3, 2006, after the district attorney amended count one to misdemeanor brandishing a weapon (Pen. Code, § 417), Esparza pled no contest to brandishing a weapon, inflicting corporal injury on a cohabitant, and driving under the influence in exchange for the dismissal of the remaining charges and a grant of probation which would require him to serve no more than 180 days in local custody.
On August 1, 2006, the court sentenced Esparza to the middle term of four years on his conviction for inflicting corporal injury on a cohabitant. It then suspended execution of sentence and placed Esparza on probation for three years on the condition he serve 179 days local time.
On January 9, 2007, the court denied Esparza’s request to lift the protective order concerning his ex-wife it had previously issued.
In a separate matter, on February 5, 2007, the district attorney filed a complaint charging Esparza with one count each of inflicting corporal injury on a cohabitant and misdemeanor contempt of court (Pen. Code, § 166, subd. (c)(1)/case No. F07901029).
On February 27, 2007, in case No. F07901029 Esparza pled no contest to contempt of court in exchange for the dismissal of the remaining count and a sentence of 120 days local custody. Additionally, after the court found that Esparza violated his probation in case No. F06904276-3, it revoked and reinstated probation in that case.
On May 29, 2007, the court lifted the protective order.
On November 28, 2007, an officer responded to a Christmas tree lot regarding a disturbance and encountered an inebriated Esparza yelling and gesturing at a group of people. When Esparza’s ex-wife attempted to calm him down he pushed her, causing her to almost fall down. The officer arrested Esparza. Separate batter charges were filed but after several continuances, the case was dismissed; however a related hearing on violation of probation was continued.
On May 13, 2008, the court released Esparza from custody.
On June 27, 2008, Esparza appeared in court but left before his matter was heard, resulting in a warrant being issued for his arrest.
On September 4, 2008, Esparza was arrested on the outstanding warrant.
On September 23, 2008, the court heard and denied Esparza’s Marsden motion. The court then conducted a hearing on several alleged probation violations in case No. F06904276-3 and found Esparza violated his probation in that case by using force against his ex-wife on November 28, 2007, and by failing to appear at a court hearing on June 27, 2008.
People v. Marsden (1970) 2 Cal.3d 118.
On October 14, 2008, the court lifted the stay on the previously imposed sentence in case No. F06904276-3 and sentenced Esparza to a four-year term.
Esparza’s appointed appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Esparza has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.