Opinion
H030352
4-30-2007
THE PEOPLE, Plaintiff and Respondent, v. JESSE VAUGHN, Defendant and Appellant.
NOT TO BE PUBLISHED
I. INTRODUCTION
Defendant Jesse Vaughn pleaded no contest to felony counts in two separate cases. In case No. SS031219, defendant pleaded no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1). In case No. SS060807, defendant pleaded no contest to stalking with a restraining order in effect (§ 269.9, subd. (b); count 1). After this court granted relief from default, defendant filed an amended notice of appeal that states that a certificate of probable cause pursuant to section 1237.5 is not required as "the appeal relates to matters that occurred after entry of the plea and/or admission and does not challenge the validity thereof."
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of his right to submit written argument in his own behalf within 30 days. Defendant has filed a supplemental letter brief in which he apparently raises an issue of ineffective assistance of counsel. We have reviewed the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436, keeping mind that our review is limited to grounds for appeal that occurred after entry of the plea. (Cal. Rules of Court, rule 8.304(b)(5).) For reasons that we will explain, pursuant to People v. Kelly (2006) 40 Cal.4th 106, 110, we have concluded that there is no arguable issue on appeal and therefore we will affirm the judgment.
II. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual Background
As defendant was convicted by plea, our summary of the factual background of his offenses is taken from the probation reports.
Defendant is the father of Alexis Hunters young son. On March 2, 2003, Hunter complained to police that defendant had attempted to hit her with his automobile. As she was driving, defendant pulled in front of her vehicle and braked as if he were attempting to cause a rear-end collision. Defendant also drove towards her head-on and swerved out of the way at the last minute. After Hunter parked her vehicle and walked across the street to her cousins house, defendant drove by and yelled, " `Dont go home tonight bitch. Im going to kick down your door and smoke you. " On May 7, 2003, Hunter reported to police that defendant had violated a domestic violence restraining order by contacting her at home. After she and her son had arrived home at about 9:00 p.m. that day, she heard knocking at her door, looked out a window, and saw defendant. He asked to come in and Hunter refused him. Defendant then pounded on the door continuously for about five minutes. He also kicked the door and partially knocked it off its hinges before running off. Hunter informed police that defendant had been following her around town, driving by her home and calling her cell phone all day.
On July 13, 2003, at about 3:30 p.m., Hunter left her apartment to put trash in the dumpster. Defendant appeared and said he wanted to talk to her. When Hunter reminded him of the restraining order, he said that he did not care and he needed to talk to her. Defendant then forced his way into her apartment. However, Hunter picked up her son and got into her car to leave. When defendant left the apartment, Hunter returned and discovered her cell phone had been broken into pieces.
Hunter again reported a violation of the domestic violence restraining order on July 27, 2003. She also reported vandalism, consisting of rocks being thrown at the window of her car. A police officer found rocks at the scene and then contacted defendant to warn him to stay away from Hunter. Later the same day, Hunter reported to police that she had had a verbal altercation with defendant when he stopped his vehicle in front of the house where she standing outside talking to her cousin Natasha Bickley. Defendant yelled from his car window, "`I am going to smoke you bitch. You changed your cell phone number " and "Bitch, you better watch your back."
On January 21, 2006, Hunter reported that she saw defendant, her ex-boyfriend, keying her car in her apartment parking lot. After defendant left, Hunter checked her car and saw that it had been keyed. She reported the incident to police and informed them that defendant was wearing a black shirt, gray pants, and a black winter jacket. Police confirmed that a valid restraining order prohibited defendant from contacting Hunter. Defendant denied to police that he had gone to Hunters residence or keyed her vehicle. Police searched defendants room and found a black winter jacket.
B. Procedural History
The complaint in case No. SS031219 was filed on March 10, 2003. The complaint charged defendant with three felony offenses, including assault with a deadly weapon (§ 245, subd. (a)(1); counts 1 & 2), threats of violence (§ 422; count 3), and two misdemeanor offenses, reckless driving (Veh. Code, § 23103; count 4) and exhibiting a deadly weapon other than a firearm (§ 417, subd. (a)(1); count 5.)
On May 14, 2003, defendant entered into a plea agreement in case No. SS031219. He pleaded no contest to count 1 (assault with a deadly weapon, § 245, subd. (a)(1)) with the understanding that the offense did not constitute a violent felony, felony probation would be granted, and his sentence would be concurrent to his sentence in a probation violation matter.
The sentencing hearing took place on June 26, 2003. The court suspended imposition of sentence and placed defendant on probation for a period of three years. The conditions of probation included a stay away order, requiring defendant to stay 100 feet from the victims residence, place of employment and vehicle. Counts 2-5 were dismissed in the furtherance of justice.
A petition to revoke probation was filed based on new misdemeanor charges of making a criminal threat and violation of a protective order. Probation was revoked on August 15, 2003. Defendant admitted the probation violations during the formal hearing held December 3, 2003. At the time of sentencing, January 16, 2004, the trial court imposed the upper term of four years, suspended sentence, reinstated probation, and extended probation to June 28, 2007.
On February 3, 2006, a new petition to modify probation was filed. The petition requested that defendant be required to show cause why probation should not be denied and the sentence imposed, on the ground that defendant had committed new offenses involving Hunter, including a violation of the no contact order.
On February 9, 2006, a new felony complaint was filed in case No. SS060807. The complaint was amended on February 23, 2006 to allege three felony offenses, including stalking with a restraining order (§ 646.9, subd. (b); count 1), threats of violence (§ 422; count 2), and violation of domestic relations court order with prior convictions (§ 273.6, subd. (d); count 3), and two misdemeanor offenses, child endangerment (§ 273a; count 4) and vandalism with a prior conviction (§ 594, subd. (b)(2)(B); count 5). Counts 1, 2 and 5 named Hunter as the victim.
At the time set for the preliminary hearing, April 6, 2006, defendant entered into a plea bargain involving both cases. In case No. SS031219, defendant agreed that his probation would be revoked and the previously imposed four-year sentence would be executed. In case No. SS060807, defendant pleaded no contest to count 1 (stalking with a restraining order (§ 646.9, subd. (b)) in exchange for the middle term sentence of three years, to be served concurrently with the four-year sentence in case No. SS031219.
On May 11, 2006, the trial court imposed the four-year sentence, to be served concurrently with the three-year sentence, as agreed upon. During the May 11, 2006, sentencing hearing, Hunter appeared and advised the trial court that she had written a letter "stating it wasnt him who did what happened to my car and everything else . . . ."
III. DISCUSSION
Defendants supplemental letter brief, dated March 16, 2007, states in its entirety, "The only argument I have is that the victim Alexis Hunter told the Judge, D.A., Probation, and my public defender that I was not the person that commit[t]ed these crimes. She gave each party a signed and notorized [sic] letter stating that some guy she knew from Oakland comit[t]ed these crimes and not me. If you had a way to get a hold of her she would tell you this. She also told the Court that she never gave Seaside Police my description and that they put that on the report themselves after they came to arrest me. [¶] Sincerely, Jesse Vaughn."
We understand defendants supplemental letter brief to state a claim of ineffective assistance of counsel. However, this claim cannot be resolved on the presently available record. The California Supreme Court "has repeatedly stressed `that "[if] the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation," the claim on appeal must be rejected. [Citations.] A claim of ineffective assistance in such a case is more appropriately decided in a habeas corpus proceeding." (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.)
Additionally, we have reviewed the entire record and find no arguable issue on appeal. Defendant was sentenced to a three-year term in case No. SS060807, to be served concurrently with the four-year term imposed in case No. SS031219. The sentence is lawful (§§ 245, subd. (a)(1); 646.9, subd. (b)) and was imposed in accordance with defendants plea agreement.
IV. DISPOSITION
The judgment is affirmed.
We Concur:
MIHARA, J.
McADAMS, J. --------------- Notes: All further statutory references are the Penal Code unless otherwise indicated.