People v. Maldonado CA1/2

Filed 10/30/13 P. v. Maldonado CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A137721 v. ROBERT GARY MALDONADO, (Del Norte County Super. Ct. No. CRF129079) Defendant and Appellant.

Appellant, Robert Gary Maldonado, appeals from a judgment revoking probation (on the basis of appellant’s admission he violated probation) and executing a previously imposed and stayed state prison sentence. His court-appointed counsel has filed a brief raising no issues and requesting this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On May 14, 2013, this court granted appellant’s request to file a supplemental brief on his own behalf raising any issues he believes the court should consider. On June 20, 2013, we issued an order directing appointed counsel to provide appellant the complete record on appeal and granted appellant an extension of 60 days within which to file his supplemental brief. By letter dated June 25, 2013, defense counsel, Terrence McQuigg, confirmed that he mailed the reporter’s and clerk’s transcripts to appellant at the new address he provided: California Men’s Colony West, P.O. Box 8101, San Luis Obispo, CA 93409-8101.

1

On January 21, 2013, the trial court granted appellant’s request for a certificate of probable cause. Accordingly, this appeal is authorized by Penal Code section 1237.51 and rule 8.304 of the California Rules of Court. FACTS AND PROCEEDINGS BELOW The Underlying Felony Offense2 On January 30, 2012, appellant was cohabiting in a mobile home at 1235 Northcrest Drive, No. 5, in Crescent City with his girlfriend, Shannon Grimes. Around 1:00 p.m. that day he phoned the Del Norte Sherriff’s Office to report a burglary of the mobile home. When Deputy Donaldson arrived, appellant told him Grimes had broken into the home. The deputy, who had been informed that appellant was the suspect in a domestic violence case at the mobile home, told appellant he detected a strong smell of alcohol coming from him. Appellant stated he had drunk two “24 ounce Tilts” about two hours earlier. After Deputy Griffin arrived at the scene, Donaldson went to another address at which he had been informed Grimes was located. When he arrived, Donaldson noticed redness on Grimes neck. Grimes explained she had been in the mobile home on Northcrest, where she lived with appellant, talking with a friend, Baldwin, when appellant suddenly arrived home intoxicated and punched her in the arm for no apparent reason. He then began yelling at her, knocked her down and got on top of her, and placed her in a “choke hold.” After Baldwin pushed him off her, Grimes was able to leave the trailer. Appellant ran after her, and when he caught her put her in a choke hold a second time. When a witness, Patricia Lewis, shouted that she was going to call the police, appellant let Grimes go and left. Donaldson corroborated this information with Baldwin and Lewis and then returned to the mobile home, where appellant had been detained. Appellant denied the altercation Grimes had described. According to him, Grimes broke into the mobile home to steal $825 that belonged to him because they were