Opinion
NOT TO BE PUBLISHED
Santa Clara County Super.Ct.No. CC825371
Duffy, J.
Defendant Poutoa Junior Iafeta was convicted by negotiated plea of domestic battery in violation of Penal Code section 243, subdivision (e)(1) (count two) and of dissuading or attempting to dissuade a witness in violation of section 136.1, subdivision (b)(1) (count three). Per the plea agreement, he was sentenced to 16 months in state prison on count three and ordered to concurrently serve 217 days in county jail on count two, a term that was deemed satisfied by credit for time served. Defendant timely appeals based on the sentence or other matters occurring after the plea and we affirm.
Further statutory references are to the Penal Code unless otherwise stated.
We take the facts from the preliminary hearing transcript and the probation report.
Defendant is married to Theresa Iafeta and they have five children. On November 15, 2008, while defendant was out of work, he accused Theresa of being unfaithful to him. This resulted in an argument that continued to the next day, a Sunday. That morning, while the family was getting ready for church, the argument escalated. As Theresa told police when they arrived (but denied at the preliminary hearing), she became afraid as she perceived there was some danger of defendant becoming physical with her as he had in the past. She asked their seventh-grade daughter, Tierra, to call the police. Tierra tried to go out the front door to a neighbor’s apartment just outside the door to call the police but defendant blocked the door. At one point, both Theresa and Tierra made it out the front door but defendant pulled them back inside. Tierra tried to call the police from inside the apartment but defendant had pulled the cord out of the wall. Theresa attempted to call police on her cell phone but defendant took the phone away from her. Defendant then pushed Theresa against the wall, punched her two or three times in the head, and left.
We refer to Theresa Iafeta by her first name for ease of reference and not out of disrespect.
Police arrived at the house and both Theresa and Tierra told them that defendant had hit Teresa. An officer asked Theresa if she wanted a restraining order to be issued, which she did and one was issued. Defendant was arrested the next day and charged by complaint with one count of dissuading or attempting to dissuade a witness, Theresa and Tierra, by use of force or threat of force in violation of section 136.1, subdivision (c)(1) (count one) and one count of domestic battery in violation of sections 242/243, subdivision (e) (count two), a misdemeanor. The complaint also alleged that defendant had a prior strike within the meaning of section 667, subdivisions (b) through (i) and section 1170.12. Defendant was bound over for trial after a preliminary hearing, at which both Theresa and Tierra testified, contrary to what they had each told police officers who had responded to the scene, that defendant had not hit Theresa.
An information was filed mirroring the allegations of the complaint. The information was later amended to add one felony count of dissuading or attempting to dissuade a witness, Theresa and Tierra, from reporting a crime in violation of section 136.1, subdivision (b)(1) (count three). Count one was dismissed, as was the prior strike allegation. In a negotiated disposition, defendant waived his rights and pleaded no contest to counts two and three in exchange for a 16-month sentence and the trial court found a factual basis for the plea as stipulated by the parties. Defendant was sentenced on count three in accordance with the negotiated plea agreement to 16 months, less 217 days credit for time served, and was ordered in connection with count two to concurrently serve 217 days in county jail, the term being deemed satisfied by credit for time served. The court imposed a restitution fund fine under section 1202.4, subdivision (b) in the amount of $200, with a probation revocation fine in like amount under section 1202.45; a court security fee of $20 for each count under section 1465.8; a criminal conviction assessment fee in the amount of $30 for each count under Government Code section 70373; and a criminal justice administration fee in the amount of $229.75 under Government Code sections 29550, 29550.1, and 29550.2.
Defendant timely appealed based on the sentence or other matters occurring after the plea.
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief that stated the case and the facts but raised no specific issues and requested this court to conduct an independent review under People v. Wende (1979) 25 Cal.3d 436 (Wende). We notified defendant of his right to submit written argument on his own behalf within 30 days. This period has elapsed and we have received no written argument from defendant.
We have reviewed the entire record under Wende and People v. Kelly (2006) 40 Cal.4th 106. Based upon this review, we have concluded that there is no arguable issue on appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J., Mihara, J.