P. v. Cuenca CA1/4
Appellant Emanuel O. Cuenca appeals from two final judgments in this consolidated matter—the first following a violation of probation hearing where his probation was terminated, and the second following a jury trial where he was found guilty of assault under Penal Code section 240. Cuenca’s appointed counsel on appeal has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Having conducted an independent review of the record pursuant to the holding in that case, we order the trial court to correct an error made in the sentencing order in connection with the violation of probation but otherwise affirm the judgments.
A. Violation of Probation Case (CR183992)
On June 28, 2017, police responded to a report that a male, later identified as Cuenca, had assaulted a female on the street. The female, S.C., later told the police that she and Cuenca were sitting in Cuenca’s truck in a parking lot, when his “temper flared.” He told S.C. to get out of his truck, which she did.
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