People v. Raya CA3

Filed 12/4/15 P. v. Raya CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C076859

v. (Super. Ct. No. 13F04018)

MICAEL A. RAYA,

Defendant and Appellant.

Appointed counsel for defendant Micael A. Raya asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Defendant was charged with two counts of inflicting corporal injury resulting in a traumatic condition on the parent of his child or children (Pen. Code, § 273.5, subd. (a);

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counts 1 and 2),1 and as to both counts it was alleged defendant had a prior domestic violence conviction within the meaning of section 273.5, subdivision (e)(1). Defendant was also charged with vandalism resulting in damage in an amount exceeding $400 (§ 594, subd. (a); count 3). It was further alleged defendant had a prior serious or violent felony conviction within the meaning of section 1192.7, subdivision (c). Defendant pleaded no contest to count 1 and admitted a prior strike in exchange for a sentence of four years in state prison and a dismissal of the other charges. The following factual basis for the plea was submitted to the trial court: “On June 22, 2013, . . . defendant was living with his girlfriend at the time and he began to argue with her and he put a -- he had a cigarette in his hand which he put on or near her face, which caused a burn to her face on her cheek.” The court found a factual basis for the plea, dismissed the balance of the charges, and sentenced defendant to an aggregate term of four years in state prison pursuant to the terms of the plea. The trial court also awarded defendant 744 days of presentence custody credit (372 days of actual credit and 372 days of conduct credit), ordered him to pay a restitution fine of $400 (§ 1202.4), ordered and stayed a parole revocation restitution fine (§ 1202.45),2 imposed a $40 court operations assessment and a $30 criminal conviction assessment, and ordered restitution for the victim.