Opinion
C085002
01-11-2018
THE PEOPLE, Plaintiff and Respondent, v. JACOB CLINTON SNYDER, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 16F6965)
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We briefly recount the facts and procedural history in accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, 124.
On October 20, 2016, a Redding Police Department officer was dispatched to One Safe Place following a report regarding a domestic violence restraining order. The officer met defendant's wife, who reported that defendant Jacob Clinton Snyder had been served with a criminal protective order on October 13, 2016, forbidding contact with her and their three children. Defendant had assaulted her in Rio Linda; she fled to Redding to be with her family. Defendant had e-mailed her, called her several times, and sent several text messages to her. During the interview, defendant was seen in front of the premises. Defendant successfully fled in a white Toyota Camry before the officer could locate him.
Defendant was subsequently contacted by the officer via telephone; defendant admitted going to his father-in-law's house, his children's school, and One Safe Place. He told the officer his family was in danger and his wife was being investigated by the FBI. Defendant forwarded documents supporting his claim, but the officer found they did not support the allegations. The officer warned defendant to have no contact with his wife or children in Redding, or he would be arrested.
On October 23, 2016, around 3:15 a.m., witnesses reported two cars, one white and one silver, racing. The responding officer eventually stopped both vehicles. The driver and passenger of the silver car said the driver of the white car displayed a tire iron and followed them after almost colliding with them, causing them to fear for their lives. Defendant was the driver of the white car. Inside defendant's car was a fixed-blade hunting knife and a metal bar about 17 to 18 inches long. The officer also located detailed notes of addresses, phone numbers, e-mail addresses and other information about defendant's wife and children, as well as a small video camera.
Defendant pleaded no contest to possession of a deadly weapon, a billy club, and violating a domestic violence restraining order. (Pen. Code, §§ 22210, 273.6, subd. (a).) As part of his plea, defendant had a stipulated disposition of three years of formal probation and 90 days of alternative custody. He also executed a People v. Cruz (1988) 44 Cal.3d 1247 waiver as part of the plea.
At sentencing, defendant admitted violating his Cruz waiver. The trial court suspended imposition of sentence and placed defendant on five years of formal probation, subject to various conditions including payment of assorted fines and fees and serving 210 days in county jail with 37 days of presentence credit (19 actual and 18 conduct).
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 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 have elapsed, and we have 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.
DISPOSITION
The judgment is affirmed.
BUTZ, J. We concur: RAYE, P. J. ROBIE, J.