Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 07F6764.
RAYE, J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having reviewed the record as we are required to do, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) The facts are taken from the probation report, summarizing Anderson Police Department report No. 07-13418, which defendant stipulated could form the basis for her plea.
On August 9, 2007, defendant was involved in an altercation with the victim, Aaron Christopher Passieux. During the altercation, Passieux slapped defendant across the face and knocked her to the ground, after which defendant walked by Passieux and threatened to throw his four-month-old son in the river. Passieux then took his son into his arms and pushed defendant away; defendant stabbed Passieux repeatedly in the leg with a set of car keys.
Defendant was subsequently arrested and charged with assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)) and making criminal threats (Pen. Code, § 422). Defendant pled guilty to making criminal threats. In exchange for her plea, the prosecution dismissed the assault charge and agreed to a 180-day lid on her initial sentence. The court also dismissed a petition to revoke defendant’s probation and reinstated probation in an unrelated case (No. 06F6381), and dismissed yet another unrelated case (No. 07CTR6620).
Consistent with her plea, defendant was sentenced to a suspended term of 16 months in prison, ordered to serve 90 days in county jail with credit for time served, and granted three years’ formal probation. The trial court also ordered defendant to pay various fines and fees.
Defendant appeals. Her request for a certificate of probable cause was denied. (Pen. Code, § 1237.5.)
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The trial court judgment is affirmed.
We concur: NICHOLSON , Acting P.J., ROBIE , J.