P. v. Garcia
Filed 6/23/06 P. v. Garcia CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. JESSIE RAYMOND GARCIA, Defendant and Appellant. | A112451 (Napa County Super. Ct. Nos. CR107442, CR107601, CR115404, CR118701) |
Defendant appeals from a judgment following revocation of grants of probation. His counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Wende (1979) 25 Cal.3d 436; see Smith v. Robbins (2000) 528 U.S. 259.) We affirm.
The judgment appealed from arises from four separate criminal proceedings in the Napa Superior Court. In case No. CR107442, a complaint was filed on December 14, 2001. It charged defendant with corporal injury to spouse (Pen. Code § 273.5, subd. (a)) and making terrorist threats (Pen. Code § 422). The complaint also contained several allegations pursuant to Penal Code[1] sections 667, subdivisions (a) and (b)-(i) and 667.5, subdivision (b). On January 23, 2002, an information was filed that basically mirrored the allegations set forth in the complaint.
In case No. CR107601, defendant was charged in a complaint filed December 31, 2001, with violation of Penal Code section 666, petty theft with a prior conviction. It also contained allegations pursuant to section 667, subdivisions (b)-(i). On February 6, 2002, an information was filed that repeated the allegations in the complaint.
On March 22, 2002, both matters were resolved by a negotiated disposition. Defendant pled no contest to the section 273.5 count in case No. CR107442 and no contest to the section 666 count in case No. CR107601. The remaining counts and allegations were dismissed. Defendant waived time for sentencing and was placed on a three-year grant of probation in each case that included 365 days in county jail, statutory fines, and various terms and conditions of probation. On January 13, 2005, the jail sentence was modified to time served as of that date.
Defendant did not do well on probation. On October 28, 2003, he was charged in a complaint, CR115404, with violation of section 487, subdivision (a), grand theft. An information containing this same charge was filed on December 23, 2003. This was followed by the filing of an amended information on April 26, 2004 that added allegations pursuant to section 667, subdivisions (b)-(i). This case proceeded to a bench trial and defendant was found guilty of â€
