Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM027142
MORRISON, J.
Police responded to a report of a physical altercation at an apartment complex. The victim, then six-months pregnant, told police she heard a commotion and went outside to find defendant Elonzia Perkins, Jr., and his girlfriend encouraging defendant’s minor daughter to fight the victim’s minor daughter. The victim broke up the fight and told her daughter to go inside the house. Defendant continued to yell at the victim and threaten her and, when the victim turned to walk back inside her apartment, defendant pushed her from behind, causing her to stumble and nearly fall to the ground. The victim was able to catch herself, but later suffered some physical complications and was taken to the hospital in an ambulance. Defendant was subsequently charged in case No. CM027299 with making criminal threats, a felony (Pen. Code, § 422; further undesignated references are to this code), and misdemeanor battery (§ 242).
A few weeks after the charges were filed in case No. CM027299, defendant was charged in case No. CM027142 with violating section 136.1, subdivision (b)(2) after he threatened the victim in an attempt to dissuade her from prosecuting case No. CM027299.
Defendant pleaded no contest to the section 136.1, subdivision (b)(2) charge and entered a Harveywaiver in exchange for dismissal of charges pending against him in case Nos. CM027299, SCR60450 and SCR61902. He was sentenced to the middle term of two years in state prison, awarded 105 days of presentence custody credit and ordered to pay specified fees and fines, including a $200 restitution fine (§ 1202.4), a $200 parole revocation fine (§ 1202.45), stayed pending successful completion of parole, and a $20 court security fee (§ 1465.8). Defendant was sentenced to concurrent jail time in misdemeanor case Nos. SCR41450, SCR50338 and SCR58002.
People v. Harvey (1979) 25 Cal.3d 754.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
DISPOSITION
The judgment is affirmed.
We concur: SIMS, Acting P.J., CANTIL-SAKAUYE, J.