People v. Valenzuela CA6

Filed 8/13/15 P. v. Valenzuela CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041477 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1238305)

v.

JORGE LUIS VALENZUELA,

Defendant and Appellant.

By plea agreement, defendant Jorge Luis Valenzuela was sentenced to four years in county jail (Pen. Code, § 1170, subd. (h))1 for willfully inflicting cruel or inhuman injury on a child. (§ 273d, subd. (a).) Upon defendant’s timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no issues. We notified defendant of his right to submit written argument on his own behalf and received no response. We have reviewed the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440-441.) We include here a brief description of the facts and procedural history of the case, and the conviction and punishment imposed. (People v. Kelly (2006) 40 Cal.4th 106, 123-124.) I. TRIAL COURT PROCEEDINGS According to probation reports, in August 2012 defendant became angry when his girlfriend refused to give him a ride to an appointment. The couple’s then-three-month-

1 Unspecified statutory references are to the Penal Code.

old daughter and the girlfriend’s then-six-year-old daughter from a previous relationship were present at the time. Defendant had two prior convictions for domestic violence against the girlfriend and was subject to a protective order allowing only peaceful contact with her. When the girlfriend refused to give him a ride, defendant shoved her into a wall with both hands several times. Defendant then walked into an adjoining room, picked up the girlfriend’s six-year-old daughter by the arm and threw her across the room. The daughter sustained bruises on her arms and thighs. The girlfriend drove defendant to his appointment and reported the incident to the police, who arrested defendant. Defendant was charged by felony complaint with willful cruelty to the six-year- old (§ 273d, subd. (a)) and violating a protective order with a prior conviction for the same offense (§ 273.6, subd. (d)). In exchange for reducing the protective order violation to a misdemeanor (§ 166, subd. (c)(1)), defendant pleaded no contest to both counts. In December 2012, the trial court suspended imposition of sentence for three years and placed defendant on formal probation with conditions including ten months’ custody time. Another probation condition prohibited all but peaceful contact with defendant’s girlfriend and was imposed as a protective order. The trial court also ordered defendant to pay a $264 restitution fine (§ 1202.4, subds. (b)(1); (l))2 with an additional $240 probation revocation fine which was suspended pending successful completion of probation (§ 1202.44); an $80 court operations assessment (§ 1465.8, subd. (a)(1)); a $60 court facilities funding assessment (Gov. Code, § 70373, subd. (a)(1)); a $150 presentence investigation fee (§ 1203.1b, subd. (a)); and a $30 per month probation