Opinion
NOT TO BE PUBLISHED
Monterey County Super. Ct. Nos. SS070572A, SS072282A
Mihara, J.
Defendant Anthony Richard Estrada pleaded no contest to infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)) in two separate cases (case Nos. SS070572A, SS072282A). The trial court suspended imposition of sentence and placed defendant on probation for three years in both cases. As one of the probation conditions, the trial court issued a protective order that defendant not harass the victim. The order was in effect until December 27, 2010.
On December 9, 2008, a petition was filed in both cases alleging that defendant had violated probation by failing to obey all laws when he entered the victim’s residence without her permission and followed her in his vehicle. After a contested hearing, the trial court found that defendant was in violation of probation. On March 12, 2009, the trial court denied probation and sentenced defendant to two concurrent terms of four years in prison.
On November 26, 2008, Jiselle Bernal was babysitting the son of Clarissa Rodriguez and defendant at Rodriguez’s home. Rodriguez was the subject of the protective order. About 10 to 15 minutes after Rodriguez left with Lindsay Hancock, defendant and another man came upstairs without permission. After they left, Bernal called Rodriguez. Rodriguez returned home where she saw defendant, but could not identify his friend. Rodriguez and Hancock left, and the men followed them in their car.
Officer Manuel Lopez testified for the defense. He interviewed Bernal, Rodriguez, and Hancock on the night of the incident. He testified regarding various inconsistencies in their testimony. Sandra Jimenez Zaldivar and her daughter Karina Zaldivar testified that defendant was at the Zaldivar residence the night of November 26, 2008 until the following morning.
Appointed appellate counsel has filed an opening brief which 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 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.
The judgment is affirmed.
WE CONCUR: Elia Acting P. J., McAdams J.