People v. Piedra CA4/1

Filed 10/14/14 P. v. Piedra CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064564

Plaintiff and Respondent,

v. (Super. Ct. No. SCN306903)

EMILIO PASCUAL PIEDRA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert J.

Kearney, Judge. Affirmed.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury found defendant and appellant Emilio Pascual Piedra guilty of one count of

spousal abuse (Pen. Code, § 273.5, subd. (a)), one count of child endangerment (§ 273a,

subd. (a)), and one count of hit and run with injury (Veh. Code, § 20001, subd. (a)).

Because of one prior strike conviction under Penal Code sections 667, subdivisions (b)

through (i), 1170.12 and 668, which Piedra admitted, the court sentenced Piedra to a

prison term of 12 years eight months.

Piedra timely appealed from the judgment of conviction. Pursuant to People v.

Wende (1979) 25 Cal.3d 436 (Wende), appointed counsel filed a brief on behalf of Piedra