Opinion
A157947
05-15-2020
THE PEOPLE, Plaintiff and Respondent, v. CHARLES RAULPH LEIJA, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Del Norte County Super. Ct. No. CRF-16-9304)
Charles Raulph Leija appealed after he was sentenced to prison following the revocation of probation. His appellate attorney has asked the court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. We find no arguable issues and affirm.
Following a guilty plea, Leija was convicted in September 2016 of felony corporal injury to a spouse/coinhabitant for hitting his girlfriend in the face. (Pen. Code, § 273.5.) The court suspended imposition of a four-year aggravated term and placed Leija on probation for three years.
One of the conditions of Leija's probation was to complete a 12-month batterer's intervention program. He was homeless and struggled to comply with this condition for financial and other reasons. After Leija admitted a violation of probation for being terminated from the program, the trial court in August 2017 modified Leija's probation and ordered him to enroll in the batterer's program. The trial court again found Leija in violation of the terms of his probation when in September 2018 he admitted additional violations. The court revoked and then reinstated probation on the same terms and conditions.
The probation department filed a petition for revocation of probation in May 2019 and alleged that Leija had failed to successfully complete the batterer's intervention program. It filed yet another petition the following month and alleged that Leija had failed to comply with a protective order covering his original victim and that he also had committed child abuse (Pen. Code, § 273a, subd. (a)).
Leija admitted the allegations that he failed to complete the batterer's intervention program and that he did not comply with the protective order, and the remaining allegation was dismissed. At the sentencing hearing on the probation violations, the trial court imposed the previously indicated four-year aggravated sentence. Leija appealed based on his sentence or other matters occurring after his plea that do not affect its validity. (Cal. Rules of Court, rule 8.304(b).)
No arguable issues appear in the record, and Leija has not filed a supplemental brief with the court. The judgment is affirmed.
/s/_________
Humes, P.J. WE CONCUR: /s/_________
Margulies, J. /s/_________
Banke, J.