Opinion
C052360
12-14-2006
THE PEOPLE, Plaintiff and Respondent, v. GREGORY SCOTT ROLES, Defendant and Appellant.
On January 14, 2006, defendant Gregory Scott Roles slapped and punched his wife in the face. One of their children said defendant also pointed a gun at his wifes head. When a sheriffs deputy attempted to restrain him, defendant swung at the deputy with a closed fist. Defendant had previously been convicted, in March 1999, of misdemeanor spousal abuse.
Defendant was charged with inflicting corporal injury upon his spouse after having been convicted of spousal abuse (count 1), unlawfully possessing a firearm (count 2) and resisting arrest, a misdemeanor (count 3). With respect to count 1, it was alleged that defendant personally used a firearm.
He pled guilty to count 1 in exchange for dismissal of the remaining counts with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) and agreed that he could be sentenced to a maximum of five years in prison as a result of his plea. The trial court declined defendants request for probation and sentenced him to the middle term of four years in prison, with credit for 92 days (62 days actual time and 30 days good conduct). The court also imposed an $800 restitution fine, an $800 parole revocation fine, and a $20 court security fee; ordered him pay victim restitution in an amount to be determined; required him to provide samples for the states DNA databank; and recommended that he participate in drug and alcohol counseling while in prison.
Defendant appeals. He did not obtain a certificate of probable cause.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks 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 that would result in a disposition more favorable to defendant.
The judgment is affirmed.
We concur:
MORRISON, J.
ROBIE, J.