Opinion
D060755
08-31-2012
THE PEOPLE, Plaintiff and Respondent, v. SANTIAGO REAL, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCD234688)
APPEAL from a judgment of the Superior Court of San Diego County, Charles R. Gill, Judge. Affirmed.
Santiago Real pled guilty to one count of false imprisonment (Pen. Code, §§ 236, 237, subd. (a)) with a stipulated low term sentence of 16 months. The court denied probation and sentenced appellant to a prison term of 16 months, with custody to be served in county jail pursuant to Penal Code section 1170, subdivision (h). The sentence was to be served concurrent with any parole violations.
FACTS
On the evening of June 1, 2011, San Diego Police Officer Henry Ingram responded to a call and spoke with Patricia Flores who was crying and visibly upset. She told him that appellant, who was her boyfriend, had recently been released from prison. Since then, they had been fighting constantly because she had had a child with another man while appellant was incarcerated. When Flores arrived home that night they got into an argument. Flores said that appellant grabbed her "really tight" and she could not breathe. She scratched his face so that he would release her. He then grabbed her and shoved her to the ground.
Flores went into the house, hoping appellant would leave. When she came outside about an hour later, appellant walked up to her as she was smoking a cigarette with her sister. Appellant shoved the cigarette into her face, causing a burn and blister to her lips. At the preliminary hearing, Flores recanted much of her testimony and admitted that she loved appellant, who was the father of five of her children.
In February 2012, appellant filed a petition for writ of habeas corpus in this court challenging his custody credits. Our court granted the requested relief and appellant was released from county jail forthwith. (In re Santiago Real, Mar. 19, 2012, D061439 [nonpub. opn.].) This appeal followed.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings in superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. He has not identified any arguable issues for reversal pursuant to Anders v. California (1967) 386 U.S. 738.
We granted Real permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Competent counsel has represented Real on this appeal.
DISPOSITION
The judgment is affirmed.
HALLER, Acting P. J. WE CONCUR: AARON, J. IRION, J.