People v. Cifuentes CA2/2

Filed 5/11/16 P. v. Cifuentes CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B266508

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA079228) v.

BYRON CIFUENTES,

Defendant and Appellant.

THE COURT:* Defendant and appellant Byron Cifuentes (defendant) appeals from the judgment entered upon termination of his probation and imposition of his previously suspended sentence. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On February 8, 2016, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the judgment.

* BOREN, P.J., CHAVEZ, J., HOFFSTADT, J.

On May 2, 2014, defendant was convicted pursuant to a plea agreement under which he pled no contest to battery with injury on a peace officer (count 4), in violation of Penal Code section 243, subdivision (c)(2),1 and to misdemeanor resisting, obstructing and delaying a peace officer or emergency medical technician (count 6), in violation of section 148, subdivision (a)(1). In addition, defendant admitted a prior prison term pursuant to section 667.5, subdivision (b). Counsel stipulated to the factual basis as contained in the police report. In exchange for his plea, defendant would be given a suspended sentence of five years (consisting of the high term of three years as to count 4, a consecutive one-year term as to count 6, and a one-year consecutive term for the prison- prior enhancement) and would be placed on formal probation for three years during which time he was required to complete a one-year drug treatment program, which would not count for custody credit. The trial court sentenced defendant to a five-year term as agreed, suspended execution of sentence, placed defendant on three years of formal probation, and ordered him to enroll in a one-year residential drug treatment program within 30 days of his release from custody. Among other terms and conditions of probation, the court ordered defendant to comply with all rules and regulations of the program, adding: “If you leave or you are discharged from the program for any reason prior to completion, you are ordered to report to court on the next court date that is in session.” Defendant stated that he understood. Over the next six months, defendant entered and left three programs without completing them, leading the trial court to find defendant in violation of probation. On May 21, 2015, the court continued defendant on probation under the same terms and conditions, with the additional conditions that he complete two years of residential treatment at the Dream Center Discipleship program, comply with all the program terms and conditions, submit to drug testing, and waive all custody credit except 365 days. The judge explained to defendant that his waiver meant that if he violated probation again,