Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County No. FWV038383, Mary E. Fuller, Judge.
Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
MILLER, J.
Defendant and appellant Jeffrey G. Evans appeals following the revocation and termination of his probation. We affirm.
FACTUAL AND PROCEDURAL HISTORY
Pursuant to a written plea agreement, defendant pled guilty on September 15, 2006 to assault with a deadly weapon. (§ 245, subd. (a)(1).) Two other counts of criminal threats (§ 422) and battery (§ 243, subd. (e)(1)) were dismissed as part of the plea agreement. At sentencing, the court imposed but suspended a sentence of four years in state prison and granted defendant 36 months of supervised probation, subject to various terms and conditions, including 365 days in jail. Thereafter, defendant’s probation was modified on June 8, 2007, July 18, 2007, August 23, 2007, October 26, 2007,
In an ex parte hearing on July 10, 2009, it was alleged that defendant failed to comply with the terms of his probation, and a bench warrant was issued for his arrest. On September 1, 2009, defendant admitted violating terms Nos. 1 and 26 of his probation. Probation was reinstated and modified.
On November 18, 2010, a petition was filed to revoke defendant’s probation. The petition alleged defendant violated the “break no laws” condition of his probation based on a new arrest for battery on a cohabitant. (§ 243, subd. (e)(1).)
On December 17, 2010, the court held an evidentiary hearing on the alleged probation violation and considered testimony by the victim, an eyewitness, and defendant, as well as photographs of the victim’s injuries. The victim in this case was defendant’s girlfriend of about eight months. They lived together in a pickup truck. On the evening of November 15, 2010, the victim testified she and defendant were on a mattress in the bed of defendant’s pickup truck. Defendant hit her in the nose with his fist, and her nose started to bleed. She jumped out of the back of the truck and got into the driver’s seat in the front of the truck with a pillowcase to try to stop her nose from bleeding. The driver’s side door was open. She was leaning forward to try to stop the bleeding, and defendant came up from behind and hit her several more times in the back of the head. Her forehead hit the steering wheel. As a result, she had a gash in her forehead. After the incident, she ran to a nearby market and asked someone to call police.
During cross-examination, the victim testified she and defendant had both been drinking alcohol that night. She also said she and defendant had a volatile relationship, and she had hit him before but not on the night of the incident. They were arguing on the night of the incident, but she does not recall the content of the argument. The victim admitted she is an alcoholic.
Defendant’s former wife testified at trial on his behalf. She said she witnessed an incident between defendant and the victim, but the date and the details of her testimony did not match the victim’s testimony. On or about November 25, 2010, the witness said she walked to the market to purchase items for her family’s Thanksgiving celebration. She saw defendant sitting down beside his truck on a milk carton. The victim was standing in front of him. As she approached, she saw the victim hit defendant in the face with a closed fist. The victim then went to the driver’s side of the truck and started banging her head on the steering wheel. During the incident, the victim was calling defendant names. The witness went into the store for 15 to 30 minutes, and when she came out, the paramedics were there, and defendant was inside a police car.
Defendant testified in his own defense and denied hitting the victim. He claimed she hit her own head on the steering wheel. Defendant was impeached during cross-examination with a prior conviction for assault with a deadly weapon (§ 245, subd. (a)(1)).
Based on the evidence, the court found defendant violated the break no laws condition of his probation. In reaching its conclusion, the trial court stated it did not find the testimony of defendant or his former wife to be credible. On February 10, 2011, the court terminated defendant’s probation and imposed the previously suspended sentence of four years in state prison.
DISCUSSION
On February 16, 2011, defendant filed a notice of appeal from the contested violation of probation. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On May 5, 2011, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: McKINSTER, Acting P. J., KING, J.