Filed 9/5/17 P. v. Hanford CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Butte)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

SAMUEL CLINTON HANFORD,

Defendant and Appellant.


C084239

(Super. Ct. No. 16CF03296)


Appointed counsel for defendant Samuel Clinton Hanford has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On December 4, 2015, defendant and his wife argued throughout the day. Defendant also was drinking alcohol throughout the day. The arguing escalated to a physical altercation when defendant, now intoxicated, grabbed his wife and threw her to the ground. She tried to stand up but he pushed her back down and “held her by her throat and her face.” Their children, ages 11 and 12, came to their mother’s aid but defendant yelled for them to leave. Defendant then lifted his wife off the floor and pushed her toward the front door. Defendant’s wife and children left the house and went to a Motel 6 where they met with law enforcement officers.
The People charged defendant with one count of injuring a spouse and two counts of cruelty to children (one for each of his children). Those charges were consolidated with an unrelated charge of assault with a deadly weapon.
Defendant pleaded guilty to injuring a spouse and to a single count of cruelty to children that was amended to include both of his children as named victims. In exchange, the remaining charges were dismissed with a Harvey waiver, including the unrelated assault with a deadly weapon charge.
The trial court denied defendant probation and sentenced him, in accordance with his plea, to serve an aggregate term of four years in state prison. The court issued a criminal protective order prohibiting defendant from having any contact with his wife or children for a period of three years. And the court awarded defendant 337 days of custody credit and ordered him to pay various fines and fees.
Defendant appealed; his request for a certificate of probable cause was granted.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. To date, defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. Consequently, we affirm the judgment.
DISPOSITION
The judgment is affirmed.



/s/
HOCH, J.



We concur:



/s/
ROBIE, Acting P. J.



/s/
RENNER, J.