Filed 9/14/18 P. v. Godinez CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. MANUEL ANTONIO GODINEZ, Defendant and Appellant.

A152361 (Solano County Super. Ct. No. FCR325311)

Defendant Manuel Antonio Godinez appeals a judgment entered after the trial court found him in violation of his probation and imposed a three-year jail term. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been apprised of his right to personally file a supplemental brief, but he has not done so.

Defendant was charged on October 25, 2016 with one count of resisting an officer in the performance of his or her duty (Pen. Code,[1] § 69), with allegations that he had suffered two prior convictions for which he served a state prison term. (§ 667.5, subd. (b).) According to the probation officer’s report, defendant was a passenger in a vehicle when officers conducted a traffic stop. He ran from the vehicle and officers pursued him. When they found him, he physically resisted their efforts to control him; as an officer handcuffed him, he struck the officer in the chest with his elbow and continued to try to break free. The report indicated defendant, who was 24 years old, had been subject to probation supervision since the age of 14.

Pursuant to a negotiated disposition, defendant entered a plea of no contest and admitted one prior conviction, a violation of Vehicle Code section 10851(a). He also admitted he had violated probation by failing to obey all laws. On January 17, 2017, the court placed him on probation in the current case, reinstated him on probation in two previous misdemeanor cases, suspended imposition of sentence, and imposed fines and fees. Among the terms of probation, defendant was prohibited from leaving California without his probation officer’s permission and required to notify his probation officer within 48 hours if he changed his place of residence.

Defendant’s probation was revoked, and a bench warrant was issued on May 12, 2017, after defendant missed two appointments with his probation officer and the probation officer was informed defendant was living in Arizona with an aunt. Defendant left a telephone message with his probation officer saying he had been in Arizona and leaving a telephone number; the officer tried to contact defendant at that number, but defendant did not call him back. On July 26, 2017, defendant admitted he had violated probation by leaving California without permission, and the court formally revoked probation.

The court denied a further grant of probation and sentenced defendant to the midterm of two years in county jail (§§ 69, subd. (a) & 1170, subd. (h)), with an additional one year for the prior prison term (§ 667.5, subd. (b)). On defendant’s two misdemeanor cases, the court sentenced him to time served. Defendant informs us that, upon his motion, the trial court later ordered that he receive 34 additional days of custody and conduct credit.

There are no meritorious issues to be argued.

DISPOSITION

The judgment is affirmed.