Opinion
E058252
10-23-2013
THE PEOPLE, Plaintiff and Respondent, v. CALIXTO GARCIA, Defendant and Appellant.
Patrick DuNah, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. FVI802232)
OPINION
APPEAL from the Superior Court of San Bernardino County. Debra Harris, Judge. Affirmed.
Patrick DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On October 28, 2008, a felony complaint charged defendant and appellant Calixto Garcia with one count of inflicting corporal injury on a spouse or cohabitant under Penal Code section 273.5, subdivision (a) (count 1); and battery causing serious bodily injury under sections 242 and 243, subdivision (d) (count 2). As to count 1, the complaint also alleged that defendant inflicted great bodily injury in the commission of the offense charged, within the meaning of section 12022.7, subdivision (a).
All further statutory references are to the Penal Code unless otherwise indicated.
Pursuant to a plea agreement, defendant pled guilty to one count of inflicting corporal injury on a spouse or cohabitant under section 273.5, subdivision (a), in exchange for a grant of probation, including a 120-day county jail sentence, and the dismissal of the balance of the charges and enhancements.
At the sentencing hearing on January 9, 2009, the trial court granted defendant 36 months of supervised probation and ordered him to serve 120 days in county jail. The court also imposed various fines and fees.
On March 25, 2010, defendant admitted to violating the terms of his probation by failing to complete a required domestic violence class. Probation was revoked then reinstated.
On December 7, 2010, an additional violation of probation was alleged and admitted by defendant because he failed to report to his probation officer, as directed. Probation was reinstated, but extended for an additional 36 months.
On February 1, 2013, defendant admitted another violation of probation for violating a law. This time, probation was not reinstated and defendant was sentenced to the low term of two years in state prison. The court ordered a total of 442 days of credit for time served, consisting of 221 actual days and 221 days of conduct credit.
Thereafter, defendant filed a timely notice of appeal challenging the sentence or other matters not affecting the validity of the admitted probation violation.
STATEMENT OF FACTS
Counsel stipulated that the felony compliant could serve as an information for the purpose of confirming the plea.
In addition, defendant agreed that on or about October 27, 2008, in the County of San Bernardino, he did willfully and unlawfully inflict corporal injury resulting in a traumatic condition upon his spouse.
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J.
We concur: RICHLI
J.
CODRINGTON
J.