P. v. Behag

Filed 6/30/06 P. v. Behag CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Albert J. Wojcik, Judge. Affirmed.

Vicki Marolt Buchanan, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant was charged in an information filed March 17, 2005, by the Riverside County District Attorney with felony violations of Penal Code section 273.5, subdivision (e), inflicting corporal punishment on a cohabitant with a prior conviction for inflicting corporal injury on a cohabitant in violation of Penal Code section 273.5, subdivision (a); Penal Code section 236, false imprisonment by violence; and Penal Code section 136.1, subdivision (c)(1), dissuading a witness by means of force and threats. Defendant was arraigned, pleaded not guilty to the charges, and proceeded to a jury trial.

At the conclusion of the trial, at which defendant took the stand and testified in his own behalf, the jury found him guilty of the Penal Code section 273.5, subdivision (e) charge and returned verdicts of lesser included offenses to the false imprisonment count and the intimidating a witness count.

Defendant was sentenced on November 10, 2005, to state prison for the midterm of 4 years on the inflicting corporal injury conviction. His sentences on the lesser included offenses were for 90 days each to run concurrent to his state prison sentence and to be served at any penal institution. Defendant was awarded the appropriate conduct and presentence credits.

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RICHLI

J.

We concur:

RAMIREZ

P.J.

GAUT

J.

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