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People v. La Mattina

California Court of Appeals, Fifth District
Feb 7, 2011
No. F060120 (Cal. Ct. App. Feb. 7, 2011)

Opinion

NOT TO BE PUBLISHED

Appeal from a judgment of the Superior Court of Kings County, No. 09CM7700, Timothy S. Buckley, Judge.

Retired Associate Justice of the Court of Appeal, Fifth District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.


OPINION

THE COURT

Before Wiseman, Acting P.J., Cornell, J., and Poochigian, J.

PROCEEDINGS

Appellant, David James La Mattina, was charged in an amended criminal complaint filed December 17, 2009, with feloniously inflicting corporal injury on his spouse (Pen. Code, § 273.5, subd. (a), count one), feloniously inflicting injury on his spouse under circumstances likely to cause great bodily injury in the presence of his stepchild (§ 273a, subd. (a), count two), and feloniously threatening the victim with the death or great bodily injury of a family member (§ 422, count three).

Unless otherwise indicated, all statutory references are to the Penal Code.

On March 5, 2010, appellant entered into a plea agreement in which he would admit count one, have the remaining allegations dismissed, and be placed on felony probation. The trial court advised appellant of the consequences of his plea. The court also advised appellant of, and appellant waived, his constitutional rights pursuant to Boykin/Tahl. The parties stipulated to a factual basis for the plea. Appellant pled no contest to count one.

Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.

Appellant punched his wife, slapped her across the face, held a knife to her throat, and threatened to kill her family and pets on multiple occasions. Appellant once held a pet cat under water in front of his wife’s 13-year-old daughter.

At the sentencing hearing, the court suspended imposition of sentence and placed appellant on felony probation. In addition to the other terms and conditions of probation, the court ordered appellant to spend 164 days in jail with credit for time served. Appellant’s request for a certificate of probable cause was denied by the trial court.

APPELLATE COURT REVIEW

Appellant’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on July 26, 2010, we invited appellant to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded there are no reasonably arguable legal or factual issues.

DISPOSITION

The judgment is affirmed.


Summaries of

People v. La Mattina

California Court of Appeals, Fifth District
Feb 7, 2011
No. F060120 (Cal. Ct. App. Feb. 7, 2011)
Case details for

People v. La Mattina

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAVID JAMES LA MATTINA, Defendant…

Court:California Court of Appeals, Fifth District

Date published: Feb 7, 2011

Citations

No. F060120 (Cal. Ct. App. Feb. 7, 2011)