Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Monterey County Super. Ct. No. SS071434
McAdams, J.
On May 16, 2007, defendant Roger Palacios, entered into a plea agreement under which he pleaded no contest to one felony count of making a terrorist threat (Pen. Code § 422) and a misdemeanor count of criminal contempt based violation of a protective order (Pen. Code § 166, subd. (c)(1)) with a condition that he would receive no more than two years in state prison. He also admitted two probation violations in unrelated cases. Other felony and misdemeanor charges for terrorist threats, stalking, criminal contempt and annoying telephone calls were dismissed.
On July 6, 2007, defendant was sentenced to two years in state prison pursuant to the plea disposition.
A notice of appeal was timely filed.
Since there was no trial or preliminary hearing, the facts are taken from the probation report.
On March 28, 2007, Jane Doe contacted law enforcement to report an estimated 28 telephone calls made that day by defendant, her ex-boyfriend and the father of her two children, threatening to wait for her at her residence and to stab her. She also reported an earlier knife assault by defendant in 2006.
On April 16, 2007, law enforcement was dispatched to Doe’s home after a report that defendant was outside her residence in violation of a restraining order. Doe told the officers that defendant had made several calls over the previous few days threatening to harm her and to kill her, as well as a text message reading “187 luv ya.” When Doe arrived home, defendant telephoned her and told her to look out her bedroom window. She saw defendant outside standing near her truck, staring back at her.
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues.
We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: Mihara, Acting P.J., Duffy, J.