The People v. Quintero CA5

Filed 9/3/13 P. v. Quintero CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F065085 Plaintiff and Appellant, (Fresno Super. Ct. No. F12600295) v.

VINCENT PAUL QUINTERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. K. Culver Kapetan, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J. and Franson, J.

INTRODUCTION Appellant/defendant Vincent Paul Quintero pleaded no contest in two separate cases to stalking while a court order was in effect (Pen. Code,1 § 649.9, subd. (b)) and corporal injury to a cohabitant with a prior conviction (§ 273.5, subd. (e)(1)). He committed both offenses against his former girlfriend. Defendant was sentenced to two years in state prison. On appeal, his appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS2 Case No. F12600295 Defendant and the victim had lived together for five years, and they had two children together. As of January 2012, they had been separated for one year because of a domestic violence incident. The court had issued a domestic violence restraining order against defendant, on behalf of the victim and her children. At approximately 5:45 a.m. on January 8, 2012, the victim was asleep in her bedroom, and woke up to the sound of a door slamming. She looked in the doorway and defendant was standing there. Defendant accused her of having a man in her residence. She picked up her cell phone to call the police. Defendant grabbed the cell phone from her and continued to repeat the accusation. When she told him to leave, defendant choked her and then let her go. Defendant walked out of the bedroom. She followed him, told him to leave, and asked for her cell phone. As they reached the front door, defendant grabbed the victim’s neck and slammed her against the wall. Defendant left with her cell phone.