Opinion
F042099.
11-5-2003
THE PEOPLE, Plaintiff and Respondent, v. DARWIN PITTS, Defendant and Appellant.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.
OPINION
Appellant, Darwin Pitts, pled guilty in case No. 01-73437 to spousal abuse with a prior conviction (Pen. Code, § 273.5, subd. (e)) and admitted a prior prison term enhancement. On June 11, 2001, the court sentenced him to an aggregate term of six years, consisting of a five-year term for the spousal abuse conviction and a one-year prior prison term enhancement. The court then suspended execution of sentence and placed Pitts on probation for five years. On November 5, 2002, appellant pled no contest in case No. 02-96213 to spousal abuse with a prior conviction (Pen. Code, § 273.5) and cutting a utility line (Pen. Code § 591). Pitts also admitted a prior prison term enhancement and that he violated probation in case No. 01-73437. On December 3, 2002, in case No. 01-73437, the court lifted the stay on the aggregate six-year term it imposed in that case. In case No. 02-96213, the court sentenced Pitts to a four-year concurrent term on his spousal abuse conviction, a 180 days concurrent term on his cutting a utility line conviction and it struck the prior prison term enhancement.
Pittss appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Pitts has not responded to this courts invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.