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P. v. Parker

P. v. Parker
03:24:2007



P. v. Parker



Filed 3/5/07 P. v. Parker CA CA4/2



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



FOURTH APPELLATE DISTRICT



DIVISION TWO



THE PEOPLE,



Plaintiff and Respondent,



v.



JERON ROMAR PARKER,



Defendant and Appellant.



E041064



(Super.Ct.No. FWV021432)



OPINION



APPEAL from the Superior Court of San Bernardino County. Shahla Sabet, Judge. Affirmed.



Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



In February 2001, in case No. FWV021432, defendant, represented by counsel, entered into a plea bargain whereby he pled guilty to one count of false personation (Pen. Code,[1] 529) in exchange for a three year grant of probation which included various terms and conditions and the dismissal of count 2 ( 530.5, subd. (a)).



Thereafter, defendants grant of probation was subsequently revoked and extended to a period of five years and the terms and conditions of probation were reinstated.



In January, 2006, the District Attorney of San Bernardino County filed new charges against defendant in case No. FWV036585, which charged one count of dissuading a witness from reporting a crime ( 136.1, subd. (b)(1)), one count of cruelty to a child ( 273a, subd. (b)), and one count of corporal injury to a spouse or co-habitant



( 273.5, subd. (a)). As a result of the new case, probation was ordered revoked in case No. FWV021432.



Thereafter, on July 14, 2006, a plea bargain was reached whereby defendant admitted being in violation of his probation in case No. FWV021432 and defendant agreed to a state prison sentence of 16 months in exchange for the dismissal of the charges in the new case (No. FWV036585). In accordance with the plea bargain, defendant was awarded the appropriate custody credits and a timely notice of appeal was filed on defendants behalf in both cases.



Statement of facts[2]



On November 6, 2005, defendant threatened to strike the victim with a phone. Several days later he hit her in the mouth with his hand. When she attempted to pick up the telephone and dial 911, he knocked the phone out of her hand. The victim picked up her baby and attempted to leave the room, but defendant prevented her from doing so.



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.



Disposition



The judgment is affirmed.



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



RAMIREZ



P.J.



We concur:



RICHLI



J.



KING



J.



Publication courtesy of San Diego free legal advice.



Analysis and review provided by Santee Property line Lawyers.







[1] Unless otherwise specified, all further references are to the Penal Code.



[2] The facts are taken from the preliminary hearing in appellants new case.





Description In February 2001, in case No. FWV021432, defendant, represented by counsel, entered into a plea bargain whereby he pled guilty to one count of false personation (Pen. Code, 529) in exchange for a three year grant of probation which included various terms and conditions and the dismissal of count 2 ( 530.5, subd. (a)).
Thereafter, defendants grant of probation was subsequently revoked and extended to a period of five years and the terms and conditions of probation were reinstated.
In January, 2006, the District Attorney of San Bernardino County filed new charges against defendant in case No. FWV036585, which charged one count of dissuading a witness from reporting a crime ( 136.1, subd. (b)(1)), one count of cruelty to a child ( 273a, subd. (b)), and one count of corporal injury to a spouse or co-habitant ( 273.5, subd. (a)). As a result of the new case, probation was ordered revoked in case No. FWV021432.
Thereafter, on July 14, 2006, a plea bargain was reached whereby defendant admitted being in violation of his probation in case No. FWV021432 and defendant agreed to a state prison sentence of 16 months in exchange for the dismissal of the charges in the new case (No. FWV036585). In accordance with the plea bargain, defendant was awarded the appropriate custody credits and a timely notice of appeal was filed on defendants behalf in both cases.

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