Filed 11/19/18 P. v. Delarosa CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. David Andrew Gottlieb, Judge.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

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Appellant Veronica Ann Delarosa pled no contest to inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)/count 1). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On March 21, 2016, at approximately 4:50 p.m., the confidential victim (CV) was sorting through some trash in the front yard of the house where he lived with Delarosa, when Delarosa stepped out on the porch holding a metal pipe and asked him to “[l]oad [her] up.” The CV replied he did not have any marijuana and she stated that she was going to “confiscate it” from him. The CV told Delarosa he was busy and threw a piece of metal into a trash can containing water that caused it to tip over and splash on Delarosa. Delarosa then struck the CV on his back with the metal pipe. The CV told Delarosa to leave him alone and she hit him on the neck behind his ear. She also told the CV that she was going to call the sheriff’s department and have him arrested. The CV then went for a walk to avoid further confrontation. Deputies eventually arrived and arrested Delarosa. The assault left the CV with a nine-inch long, cylindrical-shaped welt on his back and a four-inch long bruise on his neck, but he did not request medical treatment.

On May 17, 2016, the CV was outside walking toward his car to get his phone when Delarosa came out of the house and began accusing the CV and his friend of taking her television. She then ran to the driver’s door and blocked the CV from entering the car. As the CV attempted to open the car door, Delarosa hit him with her fist and kicked him several times. After Delarosa grabbed the car keys and went inside their residence, the CV got his phone, went to a neighbor’s house, and called 911. Deputies who responded found that the CV had a swollen upper lip, a half-inch laceration in the inner lip, and a bloody nose. Delarosa was again arrested.

On May 20, 2016, the Fresno County District Attorney filed a complaint charging Delarosa with two counts of inflicting corporal injury on a cohabitant.

On June 7, 2016, Delarosa pled no contest to count 1 in exchange for a grant of probation, a reduction of the charge to a misdemeanor if Delarosa successfully completed the Batterer’s Intervention Program, and the dismissal of the remaining count.

On August 16, 2016, the court found Delarosa incompetent to stand trial and suspended criminal proceedings.

On March 9, 2017, the court found that Delarosa had regained her competency and it reinstated criminal proceedings.

On December 4, 2017, the court suspended imposition of judgment and placed Delarosa on probation for three years conditioned on Delarosa serving one year in custody.

On February 5, 2018, Delarosa filed a timely appeal.

Delarosa’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Further, in response to this court’s invitation to submit additional briefing, Delarosa submitted a letter that was filed on August 30, 2018, in which she raises no issues.

Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.