Opinion
C080954
02-28-2017
THE PEOPLE, Plaintiff and Respondent, v. CHANH SAEYANG, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CRF14630)
Appointed counsel for defendant Chanh Saeyang asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
I. BACKGROUND
We provide the following brief description of the facts and procedural history. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On October 25, 2014, defendant bit his spouse on her face during an argument, causing an injury. She asked to get out of the vehicle but he refused. When she finally escaped the vehicle, defendant dragged her back to the vehicle and told her he would kill her if she called the police.
Defendant entered a plea of no contest to infliction of corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)) in exchange for no state prison at the outset, the dismissal of the remaining counts (criminal threats and misdemeanor attempting to dissuade a witness) and allegation (prior serious felony conviction), and the granting of a Cruz waiver.
On February 2, 2015, the court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions. Conditions included that defendant report to the probation officer as directed and complete a 52-week domestic violence treatment program.
Defendant did not report to the probation officer as directed, failed to report thereafter, and attempts to locate him were unsuccessful. He was dismissed from the treatment program for excessive unexcused absences. In August 2015, the court revoked defendant's probation and an arrest warrant was issued.
On October 5, 2015, defendant admitted violating probation by failing to report to his probation officer as directed and failing to complete the domestic violence program. On November 2, 2015, the court denied continued probation and sentenced defendant to state prison for the midterm of three years.
Defendant appeals.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 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.
II. DISPOSITION
The judgment is affirmed.
/S/_________
RENNER, J. We concur: /S/_________
MURRAY, Acting P. J. /S/_________
HOCH, J.
People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.