People v. Hailey CA3

Filed 5/11/16 P. v. Hailey CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C079946

Plaintiff and Respondent, (Super. Ct. No. CRF134456)

v.

DONALD JAMES HAILEY,

Defendant and Appellant.

Appointed counsel for defendant Donald James Hailey has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.

1 Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

1

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.) I. BACKGROUND In October 2013, defendant punched and kicked his wife after she confronted him with her suspicion that he was being unfaithful. On April 7, 2014, defendant pleaded no contest to inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)), admitted he had a prior strike conviction (Pen. Code, § 667, subds. (c) & (e)), and admitted he had served eight prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court dismissed the prior strike conviction in the interests of justice. (Pen. Code, § 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) On May 5, 2014, the trial court sentenced defendant to the middle term of three years for corporal injury on a spouse, plus eight consecutive one-year terms for the prior prison terms, for an aggregate term of 11 years in state prison. The trial court then suspended execution of sentence and placed defendant on formal probation for five years on the condition, inter alia, that he successfully complete a 52-week batterers intervention program, perform 90 hours of community service through a California nonprofit public benefit incorporation or charitable corporation, and report to the probation officer at the times and in the manner directed. A petition for revocation of probation was filed on or about June 12, 2014, alleging defendant had violated probation by being terminated from a batterer’s intervention program. Defendant presented proof of enrollment in the MANALIVE domestic violence class and the trial court reinstated his probation. A second petition for revocation of probation was filed on May 20, 2015. The petition alleged defendant had violated probation by failing to report to his probation officer. A contested hearing took place on August 3, 2015. Defendant’s probation officer, Susan Hutty, testified that she had informed him if he ever became homeless, he would