People v. Villachana CA5

Filed 10/9/13 P. v. Villachana 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F065994

v. (Super. Ct. No. BF135522A)

LUIS VILLACHANA, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. William D. Farber, 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 Wiseman, Acting P.J., Kane, J., and Detjen, J.

On August 20, 2012, pursuant to a plea agreement, appellant, Luis Villachana, pleaded no contest to one count of felony willful infliction of corporal injury on a spouse or cohabitant resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a)). On September 18, 2012, appellant filed a notice of motion and motion to withdraw his plea. On October 4, 2012, the court, following a hearing, denied the motion, and, consistent with the plea agreement, suspended imposition of sentence, placed appellant on three years’ felony probation and ordered that he serve the first 120 days of his probationary period in county jail. The instant appeal followed. The court granted appellant’s request for a certificate of probable cause (Pen. Code, § 1237.5). Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Facts Appellant was Tandy Martens’s boyfriend from August 2007 until approximately January 2011.1 On January 19, 2011, after getting off work at approximately 5:30 p.m., Martens drove home. Appellant was there when she arrived, and the two drove to a restaurant and purchased some take-out food. As they were driving home, appellant became “[v]erbally abusive” toward Martens. The verbal abuse continued when the couple returned home. At one point, appellant followed Martens into the bedroom, where he struck Martens with an open