Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM021388
NICHOLSON, J.
When Misty W. told defendant Santos Vasquez that their relationship was over, he demanded that she return everything he had given her. An argument ensued. He pushed her repeatedly and grabbed and twisted her hand. She suffered an injury to her hand and finger. When the police were called, defendant fled. A witness in the home corroborated Misty’s account.
Defendant entered a negotiated plea of guilty to corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)) in exchange for dismissal of the remaining count (attempting to dissuade a witness Pen. Code, § 136.1, subd. (a)(2)) as well as case Nos. SCR45320, DT48404, DT57050 and NT109689 with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
On April 25, 2005, the court granted probation for a term of four years subject to certain terms and conditions including enrollment in and completion of a batterer’s treatment program, 200 hours of community service, to refrain from the use, control or possession of a controlled substance and not to possess any narcotic paraphernalia.
On April 27, 2006, a probation search revealed eight baggies, each containing 30 grams of marijuana, a box of 300 baggies, a digital scale, a mirror with white powder residue and a rolled up dollar bill, all in defendant’s locked room. In his closet behind a false wall, officers found a black bag containing prescription medications belonging to someone else. On the property in a shed, officers found 66 marijuana plants as well as numerous clippings with and without roots.
A petition filed May 4, 2006, alleged that defendant violated probation in that he cultivated marijuana, failed to obey all laws and possessed narcotics paraphernalia. Defendant admitted that he possessed narcotics paraphernalia and the remaining allegations were stricken.
The court sentenced defendant to state prison for the midterm of three years for the corporal injury offense with 120 days (80 plus 40) of presentence custody credit, ordered defendant to pay a $200 restitution fine and a $200 parole revocation restitution fine and reserved jurisdiction over victim restitution.
A week later, the court denied defendant’s request to reconsider his sentence.
Defendant appeals. He did not obtain a certificate of probable cause (Pen. Code, § 1237.5).
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. (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.
DISPOSITION
The judgment is affirmed.
We concur: SCOTLAND, P.J., CANTIL-SAKAUYE, J.