People v. Ruiz CA5

Filed 10/27/14 P. v. Ruiz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066887 Plaintiff and Respondent, (Super. Ct. Nos. F12904698 & v. F12904699)

JORGE ALBERTO RUIZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Alan M. Simpson, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant/defendant Jorge Alberto Ruiz pleaded no contest in two separate cases pursuant to a negotiated disposition and was sentenced in accordance with that disposition. On appeal, his appellate counsel has filed a brief which summarizes the facts, with citation 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. FACTS Case No. F12904699 On the afternoon of September 4, 2011, defendant was watching his three-week old child at the residence where he lived with his girlfriend, the child’s mother. The mother returned within 30 minutes and discovered the child was limp and not breathing. Defendant called 911 and attempted CPR. The paramedics responded and took the baby to the hospital. The child was diagnosed with bilateral hematoma, retinal hemorrhaging, and two fractured ribs. The attending physician believed the child was the victim of an “abusive head trauma” consistent with being violently shaken. The physician ruled out CPR as possibly causing the injuries, and determined the injuries resulted from an act of violence. Defendant initially stated he rocked the baby forward and back, and then up and down, and demonstrated that he did it fairly hard. Defendant admitted he shook the baby a few days earlier. The mother stated that during the earlier incident, defendant was frustrated and yelling at the baby because he would not stop crying. Defendant said he shook the baby back and forth about four times, using a medium to hard shaking motion. Defendant was charged with count I, child abuse (Pen. Code, § 273a, subd. (a)),1 with an enhancement for inflicting great bodily injury on a victim under the age of five years (§ 12022.7, subd. (d)). 1 All further statutory citations are from the Penal Code unless otherwise indicated.