People v. Cooper CA5

Filed 6/5/15 P. v. Cooper 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068701 Plaintiff and Respondent, (Kern Super. Ct. No. RF6777A) v.

STACEY EDWARD COOPER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant/defendant Stacey Edward Cooper pleaded no contest to dissuading a victim/witness of a crime (Pen. Code, § 136.1, subd. (b)(1)),1 and was sentenced to two

* Before Gomes, Acting P.J., Kane, J. and Poochigian, J. 1 All further statutory citations are to the Penal Code.

years, after the court found he violated the terms of the negotiated disposition and his waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247 (Cruz). On appeal, his appellate counsel filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) By letter on May 5, 2014, we invited defendant to submit additional briefing. Defendant has filed a letter brief and complains the court improperly found he violated the Cruz waiver and sentenced him to prison. We affirm. FACTS2 On September 4, 2013,3 officers responded to defendant’s residence based on a report of a domestic dispute between defendant and Danielle V. (Danielle). Danielle told the officers that defendant accused her of sleeping with another man, and they had an altercation in the bedroom. She did not ask for medical attention, but she wanted defendant arrested. The officers arrested defendant, and he was placed in the backseat of the patrol car. While still at the scene, defendant tried to tell Danielle not to press charges. Defendant’s brother arrived at the scene, and defendant told him to go and “talk” with Danielle. Several minutes later, Danielle approached the officers and said she did not want to press charges against defendant. However, the officers proceeded with the arrest based on her initial statements. Procedural History On September 6, a felony complaint was filed in the Superior Court of Kern County charging defendant with count I, dissuading a victim/witness of a crime; and count II, battery upon a cohabitant (§ 243, subd. (e)(1)).