Opinion
2d Crim. No. B193398
5-10-2007
THE PEOPLE, Plaintiff and Respondent, v. ROBERT WILEY, Defendant and Appellant.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Robert Wiley appeals an order of probation following his guilty plea to felony stalking (Pen. Code, § 646.9, subd. (b)) and three counts of disobeying a court domestic relations order, a misdemeanor. (§ 273.6, subd. (a).) The charges arose from his harassment of a former girlfriend. The trial court suspended imposition of sentence and granted appellant probation with terms and conditions including three hundred days confinement in county jail.
The procedural history of this case began when appellant was charged, in three separate misdemeanor cases, with disobeying a domestic relations court order. He was subsequently charged with one count of misdemeanor battery. (Pen. Code, § 243, subd. (e)(1).) The four cases were consolidated. In two additional cases, appellant was charged with disobeying a court order and a misdemeanor charge of being under the influence of a controlled substance. (Health & Saf. Code, § 11550, subd. (a).) The six cases were consolidated.
Appellant pleaded guilty to five counts of disobeying a court order. The remaining counts were to be dismissed. In exchange, appellant was to be granted probation which included the condition that he serve 45 days in county jail. Before appellant was sentenced, a seventh case was filed against him. He was charged with three counts of disobeying a court order and one count of being under the influence of a controlled substance. All the offenses thus far were misdemeanors.
Appellants counsel declared a conflict of interest and new counsel was appointed. Counsel declared a doubt as to appellants competency. Criminal proceedings were suspended and the court appointed a psychologist to examine appellant. The psychologist determined that appellant was competent, and criminal proceedings were resumed.
Appellant was permitted to withdraw his guilty plea. Several days later, he was charged with two felonies, stalking (Pen. Code, § 646.9, subd. (b)) and making criminal threats. (§ 422). The felony case was consolidated with the misdemeanor cases. Following a preliminary hearing, appellant was held to answer. An information was filed, charging him with two felonies and thirteen misdemeanors.
Pursuant to a negotiated plea, appellant pleaded guilty to one count of stalking and three misdemeanor counts of disobeying a court order. The remaining counts were dismissed. The court suspended the imposition of sentence and placed appellant on 36 months probation subject to various terms and conditions. Among them, appellant was ordered to serve 300 days in county jail, obtain mental health treatment and perform 40 hours of community service. Appellant filed a certificate of probable cause based on newly discovered evidence, which the court denied.
We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On January 29, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We have received no response from him.
We have examined the entire record and are satisfied that appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
We concur:
GILBERT, P.J.
PERREN, J.