People v. Medina CA2/4

Filed 12/30/14 P. v. Medina CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B252750

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA039809) v.

JOE MEDINA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed. Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Joe Medina appeals from the judgment entered sentencing him to state prison following a contested probation revocation hearing and an order revoking his probation. In 2007, appellant pled no contest to one count of corporal injury to a spouse. (Pen. Code, § 237.5, subd. (a).)1 He was placed on probation, but the court summarily revoked probation and issued a bench warrant after appellant failed to appear as ordered. In 2013, appellant was arrested on a different charge. The court revoked probation and sentenced appellant to a term of four years. He now appeals.

FACTUAL AND PROCEDURAL BACKGROUND2 On September 12, 2007, appellant argued with his estranged wife, grabbed her throat, and pulled her by the hair. When their seven-year-old child tried to intervene, appellant struck the child in the face with his fist. His wife escaped and called 911. Appellant threatened to kill his wife. In October 2007, appellant pled no contest to one count of violating section 273.5, subdivision (a). The court suspended imposition of sentence and placed appellant on three years of formal probation. The conditions of probation included that appellant serve 180 days in county jail, pay a $400 domestic violence fine, a $200 restitution fine, and a $20 court security fee. The court ordered appellant to complete a one-year domestic violence program, obey a stay-away order, keep the probation office advised of his home address and phone number at all times, and obey the orders and rules of the probation department. Appellant also pled no contest to a separate charge of misdemeanor driving under the influence. The court placed appellant on three years of summary