People v. Fuentes CA1/2

Filed 9/12/24 P. v. Fuentes CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A169955

v. (Sonoma County ISRAEL FABIAN FUENTES, Super. Ct. No. SCR-736368-1) Defendant and Appellant.

Israel Fabian Fuentes was convicted of violating Penal Code section 273.5, subdivision (a) [willful infliction of corporal injury resulting in traumatic condition on person with whom he was in a dating relationship]. On appeal, we affirmed his convictions but vacated the sentence because upper terms imposed by the trial court could not be sustained under post- sentencing statutory amendments. This appeal is from the orders on resentencing. Fuentes’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which he raises no issue and asks this court for an independent review of the record. Counsel attests that he advised Fuentes of his right to file a supplemental brief, and that this court could choose to treat his appeal as abandoned pursuant to People v.

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Delgadillo (2022) 14 Cal.5th 216 if he does not do so. Fuentes has not filed a supplemental brief. Having examined the entire record in accordance with Wende, we agree with counsel that there are no arguable issues requiring further briefing and affirm. BACKGROUND The facts underlying Fuentes’s conviction and probation violation were related in our unpublished opinion on the appeal. (People v. Fuentes (Jan. 30, 2023, A162315) [nonpub. opn.].) Suffice to say that Fuentes inflicted significant injuries on the mother of his child with the three year old present in the house. Fuentes pleaded guilty to willful infliction of corporal injury on a person with whom he had a dating relationship (Pen. Code,1 § 273.5) and admitted an allegation of infliction of great bodily injury (§ 12022.7, subd. (e)) pursuant to a plea agreement calling for probation with a suspended eight- year prison term. While released pending sentencing, he was found to have violated a condition of his release and, in accordance with a provision of the plea agreement stating that violation of a condition of release or certain other conduct would result in unconditional sentencing (“Cruz waiver”2), he was sentenced to a nine-year prison term consisting of aggravated terms on both the conviction (four years) and the enhancement (five years). Fuentes appealed, claiming the condition he was found to have violated was unconstitutionally vague, the evidence did not support finding a violation and postsentencing statutory amendments required a remand for resentencing. We affirmed the trial court’s finding of the violation but agreed that a remand for resentencing was required due to the postsentencing