Opinion
E066965
03-17-2017
THE PEOPLE, Plaintiff and Respondent, v. TONY RAY LUCERO, III, Defendant and Appellant.
Allison L. Ehlert, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. 16CR006737) OPINION APPEAL from the Superior Court of San Bernardino County. Debra Harris, Judge. Affirmed. Allison L. Ehlert, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Tony Ray Lucero III appeals from the trial court's order revoking his probation and ordering immediate execution of his previously imposed but suspended sentence of five years for domestic violence. We affirm.
FACTS AND PROCEDURE
On April 15, 2016, the People filed an information charging defendant with inflicting corporal injury on a spouse after a prior conviction for the same. (Pen. Code, § 273.5, subd. (f)(1).) The People also alleged defendant had two prison term priors from 2006 and 2013, also for spousal abuse. (Pen. Code, § 667.5, subd. (b).)
On May 6, 2016, defendant pled no contest to the spousal abuse charge and admitted one of the prison term priors. The court imposed but suspended a five-year prison sentence and placed defendant on probation for three years. One of the probation conditions was that defendant have no negative contact with the victim. The court told defendant, "[I]f you screw up on probation, you go to prison for five years, no, ifs, ands, or buts. Do you understand that?" Defendant answered, "Yes, sir."
On July 11, 2016, the People filed a petition asking the court to revoke defendant's probation and impose the suspended five-year prison sentence, on the ground that he violated his probation by holding the victim against her will in her home for two or three days, striking her in the head, and threatening to kill her with a knife.
At the hearing held on September 28, 2016, the court heard testimony from the victim. At the conclusion of the hearing, the court found that defendant had violated his probation and ordered the suspended sentence executed.
This appeal followed.
DISCUSSION
Upon defendant's appeal, this court appointed counsel to represent him. Counsel has filed a brief under authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a brief statement of the case, a summary of the facts and potential arguable issues, and requesting this court undertake an independent review of the record. We have also afforded defendant the opportunity to file a personal supplemental brief, but he has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the entire record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: CODRINGTON
J. SLOUGH
J.