Opinion
B232357
01-24-2012
THE PEOPLE, Plaintiff and Respondent, v. CLAUDIA ORELLANA, Defendant and Appellant.
Julie Schumer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. GA076542)
APPEAL from a judgment of the Superior Court of Los Angeles County, Candace Beason, Judge. Affirmed.
Julie Schumer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Claudia Orellana appeals from the judgment entered following a jury trial which resulted in her conviction of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The trial court suspended imposition of sentence and granted Orellana three years felony probation, one condition of which was that she serve 120 days in county jail. We affirm.
All further statutory references are to the Penal Code unless otherwise indicated.
Orellana was tried with two codefendants, Amanda Jean Baker and Viviane Sauceda.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
a. The prosecution's case.
At approximately 11:00 p.m. on the evening of March 29, 2009, Maria Melgoza and her boyfriend, Richard Moreno, drove to a nightclub in Alhambra called the Ambiente. They parked in the parking structure behind the club and went inside to meet a friend and to dance.
Moreno is apparently a relatively small man, weighing approximately 135 pounds.
The nightclub, which has two dance floors, was extremely crowded. On the main dance floor, people were "bumping" into each other as they danced. It was "shoulder to shoulder." When Melgoza bumped into Orellana's sister, Viviane Sauceda, Melgoza turned around and said that she was " 'sorry.' " However, Melgoza felt that there was some "tension" in the air after she bumped into Sauceda and she and Moreno decided to move to the smaller dance floor. As they were leaving the main floor, another one of Orellana's companions, Amanda Baker, extended both her hands with her palms turned upward and said something to the couple. Melgoza, however, could not hear what Baker said as the music was very loud. When Baker gave Melgoza a "look," Melgoza "looked" back. She then, accompanied by Moreno, "turned around and left."
At the second dance floor, Moreno and Melgoza had one or two beers and danced. However, the conditions were the same. The dance floor was extremely crowded and "people were bumping" into each other. Melgoza was still uncomfortable and, after about 30 minutes, the couple decided to leave. They walked toward the back exit since they were parked in the structure behind the nightclub.
As they were leaving the club, Moreno, who was walking behind Melgoza, saw Baker, who had also moved to the second dance floor. Baker pointed at the couple and said "something." Moreno, followed by Melgoza, walked toward Baker and asked her "what . . . her problem [was]." The encounter, during which both Moreno and Baker were "exchanging [angry] words," lasted for approximately two minutes before a security guard arrived and told Moreno that it would be best if he left. Moreno and Melgoza then walked out the back exit and into the parking structure.
When they arrived at their car, both Moreno and Melgoza went to the driver's side. As they were standing next to the open car door discussing who was going to drive, both Melgoza and Moreno saw Baker, accompanied by Orellana, enter the parking structure. Baker was "walking up really fast with her [high-heeled] shoes in her hand[s,] screaming [and] yelling out different things." Although Moreno told Baker that he and Melgoza were leaving and they didn't want any "problems," Baker nevertheless walked up to Melgoza, called her a "bitch" and started swinging at Melgoza with her shoes. Moreno "shoved [Baker] away," but she came back, still swinging at Melgoza. Baker hit Melgoza on the right side of the head and Melgoza fell to the ground. Melgoza noticed that there was blood on her hands.
When Baker attacked Melgoza, a man, Michael Barrio, approached Moreno and asked him to "not get involved." Barrio, who was with Baker and Orellana, "held [Moreno] back" during the altercation between Baker and Melgoza by standing in front of Moreno. When Melgoza fell to the ground, Barrio stepped out from in front of Moreno and "ran off" with Baker.
Michael Barrio is approximately six feet tall and weighs approximately 260 pounds.
After a few seconds, Melgoza attempted to get up. She did not see Moreno and she no longer saw Baker. Instead, she realized that another woman, Orellana, was approaching her. Orellana was yelling at Melgoza and, after asking Melgoza "if [she] had had enough," Orellana began to hit Melgoza. While yelling profanities, Orellana hit Melgoza "[e]verywhere." Melgoza tried to fight back and to push Orellana away. When Orellana finally backed off and Melgoza was able to stand up, she saw Orellana standing next to a security guard and another man. Although Orellana was in handcuffs and was being restrained, she was still yelling profanities and attempting to kick Melgoza.
At some point, Melgoza took off her own shoes and threw them into the back seat of the car. She had been wearing "big, ugly shoes" and was afraid that if she didn't take them off, she "wouldn't be able to do anything for [her]self."
Melgoza saw Moreno get up after having fallen. After he had been released by Barrio, Moreno had attempted to run to Melgoza. He had intended to attempt to "break up the fight between [Melgoza] and . . . Orellana." However, when he started to run, Orellana's sister, Sauceda, whom Melgoza had "bumped" into on the dance floor, pushed him from behind, causing him to fall forward. As a result of the fall, Moreno suffered a fracture in one of his hands.
As of the time of trial, Moreno's hand had not completely healed. Whenever he attempted to do "heavy lifting" and when the weather was cold, his hand "throb[bed]" and "ache[d]."
When he stood up, Moreno was next to a "girl [who] was laying down on her back." The "girl," or woman, was Sauceda. Melgoza then heard Orellana yell to Moreno, " 'Don't hit her, she's a girl[.]' "
By this time, Melgoza's pants "were covered in blood." In addition to the cut on her head, one of her fingernails had come off completely and another one was cracked. She also had suffered severe bruises on her lower back.
After the attack, Melgoza was taken to the hospital where she was treated for her injuries. Staples were used to close the wound on her head.
Alhambra Police Detective Wilfredo Ruiz investigated the March 29, 2009 incident at the Ambiente Nightclub. The officer conducted no toxicology tests to determine "the alcohol level of anyone involved." When asked whether he had gotten any phone calls from Orellana regarding the incident, the detective indicated that he had received one. In addition, the detective had prepared a report regarding the incident. The report was written after Ruiz had interviewed Moreno and, in a separate meeting, Melgoza.
During Ruiz interview with Moreno at the Alhambra Police Station, Moreno identified Sauceda as one of the participants in the "incident that took place on March 29, 2009, outside of the Ambiente Nightclub." Moreno told the officer that Sauceda was the individual who had pushed him, causing him to fall and break his hand. In addition, Moreno told the detective that another man had been "holding him back while the fight [among Baker, Orellana and Melgoza] was occurring." In his statement to the officer, Moreno wrote: "He told me 'No, let them fight.' The girl with the high heels started swinging them almost hitting me. I then pushed her away and she came back trying to hit again. The other girl[s] came up and started hitting [Melgoza]. They then started fighting, and the one with the high heels struck [Melgoza] several times. They then fell to the floor. The guy was trying to hold me back so they [could] fight. They then got to their feet and [Melgoza] was bleeding. A third girl then came up and started to fight also." "She came up trying to hit me, and I was trying to stop the girls."
Byron Garay is a police officer for the City of Alhambra. At approximately 1:30 a.m. on March 30, 2009, Garay received a call regarding "fighting . . . at the Ambiente Nightclub." When the officer arrived at the club, he saw a female victim, standing next to the wall on the south side of the parking structure, bleeding from the head. She was being treated by paramedics. In addition, Garay saw Baker, who was standing in the lot between the nightclub and the parking structure. Although the officer noticed that Baker had a few spots of blood on her clothing, she appeared to have no injuries. The officer also noted that she was not wearing shoes.
Alhambra Police Officer Jasper Kim also received a call at approximately 1:30 a.m. on March 30, 2009 directing him to report to the parking structure behind the Ambiente Nightclub. When he arrived at the structure, Kim "noticed there was a male and female. The female was seated and leaning across the south wall on the first level of the . . . structure. [The officer saw] the male hovering over [the female]," and "when [he] approached [the two, he] noticed that the female had suffered a fresh wound, a gash . . . across her face [and] her head[.]" The wound was bleeding and the man appeared to be tending to her.
Kim spoke with Moreno, who told the officer that he and Melgoza had been involved in an altercation with some individuals who had also been at the nightclub that evening. The disagreement had started inside the club. Then, "[a]s soon as [he and Melgoza] walked out, he noticed . . . two females and a male approach[ing] them. He recognized them as . . . [Baker, Orellana and Barrio. The women had been] inside the club. [Moreno] then stated that . . . [it] appeared that they wanted to fight." Moreno told Barrio that they should "leave the area." Barrio, however, refused. Moreno then noticed that one of the women had grabbed her shoe and was using it to "strik[e] [Melgoza] across the head." Moreno attempted to separate the women, but was grabbed by Barrio.
Kim was able to communicate easily with Moreno. Moreno did not stutter and he was not unintelligible. Although his breath smelled of alcohol, Moreno did not appear to be under the influence. On that evening, Kim had Moreno participate in a field showup. Moreno identified Baker as the woman who had hit Melgoza with her high-heeled shoes. Kim also had Moreno fill out an "Alhambra Police Department Private Person Arrest Narrative." In the narrative, Moreno wrote: "We were in the club. One girl in yellow was saying stuff out loud. We ended up leaving. We were going to the car when two girls came up with one guy wanting to fight. The girl in yellow took her shoes off and hit . . . Melgoza in the head. [¶] I told the guy to take the girls and leave, but he wanted them to fight. The second girl then struck [Melgoza.]"
b. Defense evidence.
On the evening of March 29, 2009, Alhambra Police Officer Jack Ng was on patrol when he received a call directing him to go to the Ambiente Nightclub. In the parking structure behind the club, the officer spoke with Sauceda. Sauceda told the officer that while she had been dancing on the dance floor inside the night club, she was "shoved" by Melgoza. At first Sauceda believed that it had been accidental, however when Melgoza shoved her for the second time, Sauceda's sister, Orellana, confronted Melgoza. The two women got into an argument and, at some point, they left the nightclub by way of the back door. Sauceda followed Orellana and Melgoza into the parking structure, where she saw the two women start to fight. Two security guards attempted to separate the women and, in the process, one security guard attacked Orellana. Sauceda immediately walked over and attempted to "break off the fight between the security guard and her sister[.]" As she approached the two, the security guard reached over and "punched" Sauceda in the face. Sauceda, who believed she was acting in self-defense, punched the security guard back. Another security guard then approached her and repeatedly kicked her in the face and on the head.
After interviewing Sauceda, Officer Ng spoke with Orellana. Orellana told the officer that "she got into an argument with . . . Melgoza regarding an altercation between [Melgoza and] her sister[, Sauceda]." When Melgoza then left the club, Orellana followed her. Orellana wanted to "confront [Melgoza] regarding the altercation." However, when Orellana spoke to Melgoza in the parking structure behind the night club, Melgoza's boyfriend, Moreno, attacked her. Orellana stated that Moreno "punched her in the face." Orellana told the officer that, all she could remember after being punched in the face was that she "got taken down by security, and then she was placed in handcuffs. . . . [S]he was repeatedly attacked by the security guard." Orellana said that the security guard "kicked [her] in the head multiple times."
Dany Fuentes is a police officer for the City of Alhambra and he, too, responded to a call directing him to the Ambiente Nightclub. It was reported that an assault with a deadly weapon had occurred there. Fuentes spoke to Barrio, who told him that while they were on the dance floor, Baker and Orellana "accidentally bumped into [Melgoza]" and that, afterwards, an argument ensued. Shortly after the incident on the dance floor, Barrio, Baker, Orellana and Sauceda "left that area" and "went to the back . . . of the nightclub." There, Barrio saw Melgoza intentionally walk directly up to Baker and say, " 'Fuck you, bitch.' " Melgoza then walked out the back exit and into the parking structure. Barrio told the officer that the argument continued when, a short time later, he, Baker, Orellana and Sauceda went out to the parking structure. There, Moreno walked up to Baker and pushed her. In response, Barrio "got in between them to try to calm the situation down. . . . [D]uring that time, . . . he heard . . . Melgoza scream." When Barrio looked in that direction, he saw Melgoza, Baker, Orellana and Sauceda fighting.
Barrio, himself, testified that he and his friend and former coworker, Amanda Baker, arrived at the Ambiente Nightclub at approximately 11:00 p.m. on March 29, 2009. At some point that evening, Barrio, Baker, Orellana and Sauceda were on the dance floor. While she was dancing, Melgoza twice pushed Sauceda. An argument ensued between Sauceda and Melgoza's boyfriend, Moreno. After Baker asked Sauceda if she had been "pushed," Moreno asked Sauceda whether she had " 'a problem.' " Moreno and Melgoza then turned and walked away from Barrio and the three women.
At approximately 1:00 a.m., Barrio, accompanied by Orellana, Baker and Sauceda, went to the smaller, "patio area" of the nightclub. As the four were sitting at a table having something to drink, Moreno and Melgoza walked by. Baker said something to the effect of, " 'Oh, there goes the couple.' " Moreno responded by "charg[ing] at the table" and asking Baker if she had " 'something to say[.]' " Barrio "got in the middle of [Moreno] and [Baker] and[,] . . . before anything could escalate . . . , the security guard . . . pulled [Barrio, Baker, Sauceda and Orellana] away" and Moreno and Melgoza "exited out of the club through the back door." However, as they were leaving, Melgoza "turned around and flipped [off Barrio and his female companions]."
Barrio stated that he did not drink any alcoholic beverages that night.
A short time later, Barrio, Baker and Orellana left the nightclub through the front exit, walked down a driveway, around a corner and into the parking structure behind the club. There, they saw Moreno and Melgoza. It appeared to Barrio that the couple "were possibly arguing amongst themselves." As Barrio and the two women walked past, Melgoza looked up and said, " 'What are you looking at? What are you staring at?' " According to Barrio, it then "turned . . . into another argument." Moreno and Melgoza approached Barrio, Baker and Orellana and the two groups met at the rear of Melgoza's car. When Moreno put his right hand around Baker's neck and began to choke her, Barrio stepped in and, using his left arm, "knocked" Moreno's hand away. When Orellana, who was holding her shoes in her hand, approached Moreno, he "shoved" her away. Orellana then, while still holding her shoes, swung at Moreno with both arms.
Barrio believed that Moreno was "still trying to come after [Baker] and the [other] girls" so he pushed Moreno "backwards." Barrio then "just stood in front of [Moreno] and blocked him from getting to the girls." When Barrio then took a quick glance back, he saw Melgoza on top of Baker, who was laying on her back on the pavement. Melgoza was "either pulling [Baker's ] hair or hitting her." Orellana was "right next to [Baker,] right behind her." At no point during the incident did Barrio see Baker "swing a shoe at . . . Melgoza." Neither did Barrio tell Moreno, " 'Hey, let them fight, let the girls fight.' "
When a security guard came running out to the parking structure, he immediately "went after [Moreno]." As the guard was going to "grab" Moreno, Moreno directed him to Baker and Melgoza. Baker, however, "had taken off." Barrio ran after Baker, believing that she was frightened and that she thought they needed help. Barrio did not consider a security guard to be "help."
The security guard, too, ran after Baker. He "chased her to the front of the nightclub" and, when he caught up with her, placed her in a "choke hold." Barrio attempted to "break [the security guard's] arm away from [Baker]," but before he could do so, police officers arrived at the scene.
Barrio reviewed the notes of the police officer who interviewed him that night. He then stated that it was "not true" that he told an officer that "Baker and . . . Orellana accidentally bumped into [Melgoza] and had an argument[.]" It was also "not true" that he stated that he, Baker, Orellana and Sauceda "moved to the back of the Ambiente when [Melgoza] went outside[,] intentionally bumped into [her] and said, 'Fuck you, bitch[.]' " In addition, Barrio did not remember telling the police officer that he heard Melgoza " ' scream.' " In short, Barrio did not "remember the conversation [he] had with the officer."
Claudia Orellana testified that on the evening of March 29, 2009, she, her sister, Sauceda, and their friends, Baker and Barrio, went to the Ambiente Nightclub to dance. Once inside the club, Orellana split her time between her sister and some other friends who happened to have been there that night. Although she was not present at the time, Orellana heard that Sauceda had been involved in "an incident" on the dance floor. However, during the time that she was inside the club, Orellana did not "witness any type of tension between [her] sister, . . . Sauceda," Baker and Barrio and the couple, Melgoza and Moreno.
Orellana, Sauceda, Baker and Barrio decided to leave the club at approximately 1:30 a.m. The group left through the front exit, then headed for the parking structure. As they were walking to their car, Orellana and her companions saw Moreno and Melgoza. Orellana did not know who Moreno was at that time, but he started to yell at the group as they passed by. After Orellana was told about the "dance floor incident," she looked back at Moreno and said, " 'Why are you trying to pick fights? You don't even know us. We don't even know you.' " At that moment, Moreno reached out and grabbed Baker by the throat. As Barrio then tried "to get [Moreno] off" of Baker, Melgoza stepped up and swung at Baker over Moreno's shoulder. Orellana "went around to pull [Melgoza] off' and Melgoza started swinging at Orellana. Moreno, too, took a swing at Orellana and hit her on the side of her face. Orellana responded to Moreno's action by stating, " 'Are you serious? I'm a girl and you're hitting me?' " Orellana then took off one of her shoes and "swung it at [Moreno]." At that point, she got "sort of . . . stuck between [Moreno] and [Barrio]." When she looked back, Orellana saw Melgoza "lunge[]" at Baker and the two women begin to fight "on the floor." Baker was underneath Melgoza and Melgoza was trying to hit Baker.
A short time later, a group of three security guards arrived. Orellana walked toward the center of the aisle in front of the cars. As she was standing there, one of the security guards grabbed her and placed her in handcuffs. Another security guard grabbed Sauceda, threw her to the floor and hit her. At the same time, Moreno attempted to kick Sauceda. As this was taking place, Orellana was yelling at the men to "stop hitting [Sauceda] because she's a girl." While Orellana was yelling at the men, Melgoza approached Orellana and began to hit and kick her and to pull on her hair. Melgoza, who was by this time "bleeding from her head, dragged [Orellana] by [her] hair [for] 40 feet." Orellana indicated that after approximately 20 feet, she fell to her knees, however none of the photographs taken of her showed any injury to either knee.
Later in her testimony, Orellana stated that she couldn't remember who hit Sauceda. Orellana "just saw somebody hit her."
Later Orellana stated that she "stumbled," but was not sure if her knees actually "hit the floor."
Sauceda, who apparently saw the predicament Orellana was in, told Orellana to " 'run.' " Orellana somehow freed herself from Melgoza's grasp and the two women ran out of the parking structure and into a nearby alley. Orellana was still handcuffed and, at this point, wearing only one shoe. When a police car pulled up, the women told the officer that the security guards had been of no assistance. The officer told Sauceda and Orellana to stay where they were. Later, Orellana was transported to the Alhambra Hospital where she was treated for her injuries. After being treated at the hospital, Orellana went to the Alhambra Police Station to speak to an officer. She wished to give her side of the story regarding the incident at the nightclub. However, the officer at the station informed Orellana that she was one of the suspects in the matter and that he was not going to speak with her.
At some point, Orellana spoke with a police officer by the name of Ng. She did not remember telling the officer that she had "gotten into a verbal argument with Melgoza inside Ambiente[.]" Neither did she remember telling Officer Ng that "when Melgoza left the club, [she, Orellana,] decided to follow Melgoza to ask her why she" had pushed Sauceda. In addition, Orellana did not remember telling a police officer that Melgoza's boyfriend, Moreno, "punched [her] in the face" or that, the last thing she could remember "was being taken down to the ground by [a] security guard[,] being placed in handcuffs" and, while handcuffed, being repeatedly struck on the back of the head by security guards.
Orellana indicated that the only information she provided to a police officer or paramedic outside the nightclub, before she was taken to the hospital, was her name, address and phone number. She answered no other questions and wrote no statements.
Sauceda testified in her defense. She stated that the incident started when Melgoza pushed her with both hands while she was dancing on the large dance floor. When Sauceda turned around, she looked at Melgoza and said, " 'What the hell?' " In response, Melgoza called Sauceda a " 'fucking dike.' " Sauceda then testified that she went to the nightclub in Barrio's truck, along with Baker, Orellana and a woman named Adriana. Finally, Sauceda stated that, during the middle of the fray in the parking structure, she was the one who called 911 and asked that "officers" be sent there. She told the 911 operator that she was a woman, that a man was hitting her and that the security guard kept pushing her.
c. Rebuttal.
In March 2009, Juan Lopez was a security guard at the Ambiente Nightclub. He remembered that, on the evening of the 29th, some patrons had an argument on the club's patio. When Lopez told them that it was " 'going to be over already,' " a couple got up and left the patio through the back exit. A short time later, the individuals who had remained on the patio, Baker and Orellana, got up and left the nightclub through the front, or main, entrance. Lopez followed the two women because he had a "gut feeling" about them. Lopez went into the lower level of the parking structure, near the west entrance. There he saw "a group of people fighting" and he ran back to the nightclub to get help because he "couldn't handle it" himself.
When Lopez returned to the parking structure, he saw "[Melgoza] bleeding and [Orellana] with a [shoe with a three- to four-inch, pointed] heel in her hand." Lopez told Orellana and her companions to stop because the police were on their way. While the other members of Orellana's group "stopped what they were doing and scattered," Orellana continued to pursue "the lady that was bleeding." Even after repeatedly being told to stop, Orellana continued to move toward Melgoza. Lopez finally stepped between the two women, took hold of Orellana's hands, brought them down to the level of her waist and pulled them behind her. As Lopez was handcuffing Orellana, she was "still going after" Melgoza. She moved toward Melgoza and attempted to kick her. Lopez had to hold Orellana, who appeared to be drunk, by the arms to keep her from continuing to attack Melgoza. When other officers arrived to assist Lopez he let go of Orellana. During the altercation in the parking structure, Lopez did not hit or push Orellana and he did not see any other security guard push or hit Orellana. He noticed, however, that, although he had not observed any bruises or scratches on her body, face or arms, after detaining Orellana he had blood on his hands.
When police officers arrived a short time later, they photographed Orellana's shoe, which she had dropped to the ground while being detained.
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After another security guard came to assist him, Lopez ran after Baker. He managed to "hold her," and he told her " 'I don't know . . . what happened right here, but to be safe, I have to hold . . . you.' " Another guard then assisted in the detention of Baker.
At some point, Lopez saw Sauceda arrive. She, using a loud voice, "got in [a] security guard's face."
While Lopez was in the parking structure, during the "detention period," he did not see Melgoza or her boyfriend, Moreno, attack anybody. Moreover, neither Melgoza nor Moreno appeared to be intoxicated.
2. Procedural history.
Following a preliminary hearing, on December 2, 2009, Orellana was charged by information with one count of assault by means likely to produce great bodily injury, a felony, in violation of section 245, subdivision (a)(1). Orellana pleaded not guilty to the alleged offense and requested a jury trial. After numerous continuances were granted, trial was set for February 7, 2011. On that date, Orellana "re-enter[ed]" her plea of not guilty and denied any special allegations. The matter was then transferred to the Alhambra courthouse, where trial was set to begin the following day.
On February 14, 2011, the trial court ordered 12 jurors and two alternate jurors impaneled and "affirmed to try the cause." Following their presentation of evidence, the People rested on February 16, 2011. "[F]or the record," counsel for Orellana made a motion for a judgment of acquittal due to insufficiency of the evidence pursuant to section 1118.1. The trial court summarily denied the motion, then advised Orellana of her "right to testify or not to testify on her own behalf." Orellana chose to testify.
On February 22, 2011, counsel gave their closing arguments and the jury was instructed on, among other things, the elements of the offense with which Orellana was charged and the People's burden of proof. At 3:46 p.m., the jury retired to the jury room to select a foreperson and begin deliberating.
At approximately 2:50 p.m. the following day, February 23, 2011, the jury found Orellana guilty of "assault by means likely to produce great bodily injury, in violation of . . . section 245[, subdivision] (a)(1), a [f]elony, who did willfully and unlawfully commit an assault upon Maria Melgoza . . . ."
Orellana was sentenced on April 5, 2011. Imposition of sentence was suspended and Orellana was granted three years "formal felony probation" on the conditions, among others, that she serve 120 days in county jail and complete 200 hours of community service. Orellana was directed to pay a $30 court security fee (§ 1465.8, subd. (a)(1)), a $40 criminal conviction fee (Gov. Code, § 70373), a $200 restitution fine (§ 1202.4, subd. (b)), and a stayed $200 parole revocation restitution fine (§ 1202.45).
Orellana filed a notice of appeal on May 19, 2011.
CONTENTIONS
After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.
By notice filed September 20, 2011, the clerk of this court advised Orellana to submit within 30 days any contentions, grounds of appeal or arguments she wished this court to consider. No response has been received to date.
REVIEW ON APPEAL
We have examined the entire record and are satisfied counsel has complied fully with counsel's responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende (1979) 25 Cal.3d 436, 443.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
KITCHING, J. We concur:
KLEIN, P. J.
CROSKEY, J.