P. v. Villanueva

Filed 5/15/06 P. v. Villanueva CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

Juan Delacruz Villanueva timely appeals from an October 11, 2005 order revoking probation and sentencing him to 12 months in county jail. (Pen. Code, § 1237, subd. (a) [appeal from final judgment on subsequent order].)[1] On August 16 , 2005, Villanueva's probation was summarily revoked based on allegations he had inflicted corporal injury on his wife (§ 273.5, subd. (a)) and had violated a protective order (§ 273.6), both felonies. Villanueva's appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 identifying no potentially arguable issues. We have reviewed the entire record, and we agree with counsel's assessment that there is no issue warranting further briefing.

The January 19, 2000 information charged Villanueva with driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)) and with driving while having a blood alcohol level greater than .08 percent (Veh. Code, § 23153, subd. (b)), both felonies, and of causing injury to two others (Veh. Code, § 23558) by following another vehicle too closely (Veh. Code, § 21703).

On March 3, 2000, Villanueva pleaded guilty to driving while having a blood alcohol level in excess of .08 percent and admitted the allegation that he had caused injury to two others. On April 19, 2000, the court suspended imposition of sentence and placed Villanueva on four years' probation on condition that he serve twelve months in county jail.

On July 15, 2003, Villanueva's probation was summarily revoked when it was alleged he had inflicted corporal injury on his wife (§ 273.5, subd. (a)), a felony. On August 7, 2003, Villanueva admitted he had violated probation. On September 11, 2003, the court reinstated Villanueva's probation, modified its terms and extended it by 24 months, and dismissed the allegation.

On August 16, 2005, Villanueva's probation was summarily revoked a second time when it was alleged he had again inflicted corporal injury on his wife, and had also violated a restraining order, a felony (§ 273.6). On August 25, 2005, Villanueva admitted the domestic violence charge as a misdemeanor.

According to a probation report prepared for sentencing, on August 14, 2005, Villanueva was at a party with his wife and child where he drank alcohol. Villanueva's wife and child refused to get into their car with him because of his alcohol consumption. When Villanueva and his wife had separately returned home, they argued and he reportedly slapped her on the face, leaving visible injury.

On October 11, 2005, the court reinstated and modified Villanueva's probation, ordering him to serve 12 months in county jail, with probation to terminate upon completion of the sentence. The court denied probation for the domestic violence charge, sentencing Villanueva to nine months in county jail to run concurrently with the term for the probation violation. The court referred all fines and fees to Central Collection. It also noted Villanueva would be required to pay a $20 court security fee. However, this $20 fee does not appear in the abstract of judgment.

DISPOSITION

The October 11, 2005 order is affirmed.

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Parrilli, J.

We concur:

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McGuiness, P. J.

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Pollak, J.

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[1] Further statutory references are to the Penal Code unless otherwise indicated.