The People v. Archuleta CA1/2

Filed 8/30/13 P. v. Archuleta CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A138205 v. ANTHONY ARCHULETA, (Alameda County Super. Ct. No. CH-46290) Defendant and Appellant.

In January 2008, defendant Anthony Archuleta (defendant or Archuleta) was convicted of a felony assault and related misdemeanor convictions, including battery of a cohabitant. Imposition of sentence was suspended and he was granted probation. Archuleta violated probation in September 2012, when he and his girlfriend beat a man unconscious in the parking lot of the Oakland Coliseum following a Raiders game. After Archuleta admitted the probation violation, the court sentenced him to the low term of two years in state prison on the original offense. As part of a negotiated plea, defendant agreed to waive all prior custody credits. Although a newly substituted attorney set a postsentencing hearing to clarify the scope of the credits waiver, and although she requested that Archuleta be allowed to serve his prison sentence locally, she made it clear defendant was not requesting to withdraw his admission of the violation. Archuleta appealed, and his appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel also declares that she advised Archuleta that he may personally file a supplemental brief, but he has not done so.

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We have conducted our independent review of the record and find no arguable issues and affirm.

FACTUAL AND PROCEDURAL HISTORY

On January 29, 2008, Archuleta was convicted by plea in Stanislaus County of felony assault (Pen. Code, § 245, subd. (a)(1)),1 misdemeanor battery on a spouse or cohabitant (§ 273.5), and deterring an executive officer in the performance of duties (§ 69), also a misdemeanor. Imposition of sentence was suspended and he was granted probation for three years. In February 2009, his case was transferred to Alameda County for probation supervision pursuant to section 1203.9. On December 21, 2010, defendant’s probation was extended for six months (until June 21, 2011) to permit him to complete a 52-week domestic violence program. On April 13, 2011, the court modified his probation by extending it to a period of five years from the date of his original sentencing, or until January 29, 2013. On September 20, 2012, Archuleta was charged with a violation of probation in that he failed to obey all laws by assaulting a man in the parking lot of the Coliseum following a Raiders football game. The man allegedly had argued with defendant’s girlfriend, Monique Menconi, after the game. Menconi called defendant, who came to her location in the parking lot. Defendant and Menconi then chased the man down, and defendant sat on him and pummeled him with his fists, while Menconi kicked him in the head and face. On January 24, 2013, defendant admitted the violation and was sentenced to the lower term of two years in state prison on the original offense. He was sentenced to 180 days concurrently on each of the misdemeanors. When it pronounced judgment the court clarified, “He was going to waive his credits. That was part of it. [¶] You’re waiving your credits. Do you understand that you will only be given credits of one day today toward that sentence?” Defendant personally answered, “Yes.” The judge