P. v. Graca

Filed 8/2/07 P. v. Graca CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Defendant Cristiano Felipe Graca appeals from a judgment of conviction after he pleaded guilty to an offense of domestic violence (Pen. Code,  273.5, subd. (e)(2)) and admitted a strike prior (Pen. Code,  667, subd. (b)-(i), 1170.12). The trial court sentenced him to a four-year prison term. We affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

On May 22, 2006, defendant lived with Angelina Chagolia, the mother of his two children. Defendant became upset when Chagolia denied him permission to take her car and was verbally abusive towards her. He pushed her, then punched her in the face with a closed fist, in the presence of their two young children. Chagolia fell to the floor and defendant continued to punch her. Chagolia escaped to a neighbors house and called the police. She suffered black eyes and swelling to her face.

In 2004, Chagolia reported to the police that defendant had pushed her and threatened to kill her. Defendant was convicted in October 2004 of domestic battery (Pen. Code,  242/243, subd. (e)) and making a criminal threat (Pen. Code,  422).

Following the 2006 incident, defendant was charged by felony complaint with inflicting corporal injury on a cohabitant, with a prior conviction for domestic violence within the proceeding seven years (Pen. Code,  273.5, subd. (e)(2)). The complaint also alleged that defendant had three strike convictions for robbery (Pen. Code,  667, subd. (b)-(i), 1170.12).

On the prosecutors motion, two of the strike priors were stricken; defendant pleaded guilty to the domestic violence offense and admitted one strike prior. The guilty plea was entered without conditions.

The trial court heard and denied defendants Romero[1]motion and sentenced him to a term of four years in the state prison.

Defendant filed a timely notice of appeal.

DISCUSSION

We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief that states the case and the facts but raises no issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. That time has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

DISPOSITION

The judgment is affirmed.

Duffy, J.

WE CONCUR:

Mihara, Acting, P.J.

McAdams, J.

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[1] People v. Superior Court (Romero) (1996) 13 Cal.4th 497.