Opinion
D048300
12-14-2006
THE PEOPLE, Plaintiff and Respondent, v. GRISELDA LOAIZA, Defendant and Appellant.
Griselda Loaiza entered a negotiated guilty plea to inflicting corporal injury on a cohabitant. She admitted personally using a deadly weapon. (Pen. Code, §§ 273.5, subd. (a), 12022, subd. (b)(1).) The court suspended imposition of sentence and placed her on five years probation, including a condition she complete a residential treatment program at KIVA. In September 2003, after the probation department alleged Loaiza had failed to report to the probation department and failed to complete the residential treatment program, Loaiza admitted violating the conditions of probation. The court revoked and reinstated probation. In February 2004, Loaiza admitted violating probation conditions by failing to report to the probation department, failing to abstain from the use of alcohol, and testing positive for drugs. The court revoked and reinstated probation. In September, Loaiza admitted violating probation after the probation department reported she had been arrested for being drunk in public. The court revoked and reinstated probation. In January 2005, Loaiza admitted violating probation. The court revoked and reinstated probation. On March 14, 2006, Loaiza admitted violating probation after the probation department reported she failed to report to the department, failed to complete the residential treatment program, failed to abstain from the use of alcohol, failed to abstain from the use drugs, and failed to attend counseling and take prescribed medication. The court revoked probation and sentenced her to prison for three years: the two-year lower term for inflicting corporal injury on a cohabitant, enhanced one year for using a deadly weapon. Loaiza did not request a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)
FACTS
Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred. On February 28, 2002, Chula Vista Police Officers responded to a call regarding a domestic violence dispute. When the officers arrived at the scene, they found the victim with whom Loaiza was living lying on the floor with lacerations to his back and head. Witnesses told the officers they heard Loaiza and the victim yelling. While drunk, Loaiza stabbed the victim with a screwdriver and/or scissors.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether Loaiza can challenge the validity of the guilty plea and revocation of probation absent a certificate of probable cause, and (2) whether the trial court properly calculated credit for time served.
Validity of Guilty Plea
Absent a certificate of probable cause, a defendant cannot challenge the validity of a guilty plea on appeal. (Pen. Code, § 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1095.)
Credit for Time Served
Loaizas appellate counsel has advised the court that the credit for time served issue has been resolved.
We granted Loaiza permission to file a brief on her own behalf. She has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Loaiza on this appeal.
DISPOSITION
The judgment is affirmed.
We Concur:
McCONNELL, P. J.
IRION, J.